1. General Terms and Conditions
2. Services and products
a. The Services to be covered under these terms and conditions are set forth in one or more Statements of Work (“SOW”), together with any Exhibits, which shall reference the terms and conditions contained herein will be a part of any such Statements of Work or Exhibits. In the event Client chooses to order products or Services from Camargue Solutions the terms and conditions contained therein shall apply to any such products or Services ordered. The cost, installation and functioning of all products not provided by Service Provider in rendering Services hereunder, including, without limitation, electric power, electrical wiring, cabling, telephone equipment, computers, network equipment, printers, tables, etc. shall be Client’s sole responsibility.
3. Pricing & Terms of Payment
a. The price for Services to be provided will be advised at commencement, increased charges for Services by giving the Client thirty (30) days written notice.
b. Terms are end of month on invoice for services, on invoice for hardware unless otherwise specified, contingent upon Client qualifying for credit with Service Provider. Should Client not qualify for sufficient credit with Service Provider, payment must be made via other acceptable form such as EFT. Failure to pay within specified terms may at the option of Service Provider result in the suspension of the contract, imposition of interest charges at the rate of a 1.5% per month or the highest allowed by law, whichever is lower, and may result in the termination of the contract by Service Provider upon written notice.
c. A verbal or written agreement shall specify whether the contract is based on a fixed price or hourly rate. All reasonable travel, lodging, car rentals, and meal expenses will be billed to the Client unless otherwise specified.
d. Any applicable taxes shall be added to the invoice.
4. Proprietary Rights
a. Service Provider does not convey or transfer nor does Client obtain any right or interest in any of the software programs supplied and all terms and conditions of owner manufacturer of said software are applicable.
b. Limited Warranty
c. Computer & Technical Services. Service Provider shall provide computer and/or other technical Services in a good workmanlike and professional manner consistent with current industry standards. The foregoing limited warranty is contingent upon Client fulfilling the Client responsibilities set forth above and any other conditions that may be specified in the applicable SOW. All product and Service completion schedules provided by Service Provider are estimates and are provided for planning purposes only. In the event Client finds any Services provided hereunder to be defective or nonconforming during the warranty period, subject to the limitations set forth above, Service Provider shall promptly correct such services where possible. The foregoing constitutes Client’s sole remedy for Service warranty claims relating to
computer and technical Services. To the extent Service Provider is supplying third-party hardware or software as part of the Services, such hardware and software shall be provided with the manufacturers’ or publishers’ standard end user warranties, if any. Service Provider makes no independent warranties with regards to third-party hardware or software
5. Disclaimer of All Other Warranties
a. WITH THE EXCEPTION OF THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN THIS DOCUMENT, SERVICE PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED UNDER LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE PROVIDER DOES NOT PROMISE THAT THE PRODUCTS OR SERVICES PROVIDED WILL BE ERROR-FREE OR THAT CLIENT’S COMPUTER PRODUCTS, HARDWARE OR SOFTWARE WILL OPERATE WITHOUT INTERRUPTION.
6. Limitation of Liability
SERVICE PROVIDER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF PROFIT, LOST TIME, LOSS OF DATA, LOSS OF USE OF ANY SUCH EQUIPMENT, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, TECHNOLOGY OR SERVICES, OR ANY OTHER DAMAGES RESULTING FROM THE BREAKDOWN OR FAILURE OF ANY COMPUTER PRODUCTS, HARDWARE OR SOFTWARE, OR FROM DELAYS IN SERVICING OR THE INABILITY TO RENDER SERVICE ON ANY COMPUTER PRODUCTS, HARDWARE OR SOFTWARE EVEN IF IT HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, SERVICE PROVIDER’S LIABILITY FOR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO SERVICE PROVIDER’S NEGLIGENCE OR INSTALLATION OF DEFECTIVE PARTS OR COMPONENTS, WHETHER OR NOT SUCH DEFECT WAS KNOWN OR DISCOVERABLE, SHALL NOT EXCEED THE ACTUAL PRICE PAID TO SERVICE PROVIDER BY CLIENT FOR THE COMPUTER PRODUCTS, HARDWARE OR SOFTWARE, PARTS OR SERVICE WHICHEVER IS LESS. Service Provider shall not be responsible for damages caused by (i) accidents, misuse, misapplication, or neglect of Client or any of its agents or employees or as result of Service by any person other than a Service Provider representative; (ii) placement or operation of computer products in an area that does not comply with manufacturer’s published space or environmental requirements; or improper storage, use, and movement of any computer products to be Serviced. No responsibility is taken for the provision of advice based on the service providers experience, knowledge or understanding. Internet/Transmission Disclaimer. Service Provider does not and cannot control the
flow of data over the Internet or the integrity of the Internet (the global system of interconnected computer networks). Therefore, Service Provider disclaims all liability for loss of data, corruption of data, or inability to provide Services, as a result of disruptions, slowdowns, breakdowns, or other technical issues affecting the Internet.
7. Personal Information
a. Service Provider represents and warrants to Client that in connection with the receipt, storage, use and/or transfer of Personal Information, it shall (a) at all times maintain the confidentiality of Personal Information provided Service Provider or otherwise disclosed to Service Provider in connection with the provisions of Services under these terms and condiations, and (b) maintain appropriate security measures that are in compliance with data protection regulations promulgated under applicable South African laws. For the purposes of this section “Personal Information” means as referenced by the POPIA Act.
8. Nondisclosure
a. Each party shall retain all rights to its Confidential Material. Each receiving party agrees to take such measures to prevent the unauthorized disclosure to third parties of Confidential Material, as it would take to prevent disclosure of its own proprietary or confidential information but in no event less than reasonable measures. To the extent practicable, information protected by these terms and conditions shall be marked “Confidential”. Information exchanged prior to the date of terms and conditions shall be considered Confidential Material.
b. Disclosure will be limited to such employees and agents of receiving party as necessary for proper evaluation and provision of Services under the terms and conditions. In the event receiving party must secure the Services of a third party for proper evaluation, receiving party shall obtain an agreement from such third party at least as restrictive as terms and conditions. Receiving party shall disclose such agreements to other party upon request. Except as necessary for proper evaluation and provision of Services under terms and conditions, Confidential Material obtained pursuant to terms and conditions may not be duplicated, and all Confidential Material exchanged pursuant to terms and conditions must be destroyed or returned to the originating party upon request.
c. Confidential Material may not be used by the receiving party except as expressly permitted herein; no grant of license to use Confidential Material is given by terms and conditions.
d. Confidential Material shall not include the following: Information obtained by receiving party that
(a) is or becomes generally known or available to the public through no breach by receiving party,
(b) is lawfully known to it at the time of receipt,
(c) is subsequently furnished to it lawfully by a third party without restriction, or
(d) is furnished by the originating party to a third party without restriction.
(e) Confidential Material is provided “AS IS” and no warranties or representations are given, and receiving party shall rely on such information at its own risk. The exchange of Confidential Material shall not obligate either party to enter into a business or other relationship.
(f) In the event a receiving party receives a lawful or discovery request for Confidential Material, it shall immediately notify originating party in writing and give originating party the opportunity to contest the disclosure of Confidential Information.
(g) Confidential Material shall be protected hereunder for a period of five (5) years following the termination of terms and conditions.
9. Force Majeure
a. Neither Party shall be liable for any failure, inability or delay to perform hereunder (except the payment of money), if such failure, inability or delay is due to circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, strike, lockout, labour disturbance, social conflict, fire, explosion, earthquake or sabotage.
10. Independent Contractor
a. Nothing in these terms and conditions, and no course of dealing between the parties, shall be construed to create an employment or agency relationship or a partnership between a party and the other party.

2022