By accepting a written quotation or placing a valid Order with Wild Africa Gauteng, the Customer confirms that it is entering into a valid and binding Agreement with Wild Africa Gauteng and that it has read, understood and accepted all of the Terms and Conditions as set out on the website www.wagitnow.co.za or in the written Agreement concluded with Wild Africa Gauteng.
For the Customer’s convenience, Wild Africa Gauteng sets out below a summary of the Terms and Conditions published on its website or in the written Agreement concluded with the Customer:
Clause 1 sets out an extensive list of definitions against which the terms and conditions of the Agreement must be interpreted.
Clause 2 (Ordering) records the requirement for you to submit a Services Application on the basis required by Wild Africa Gauteng, how it will process and accept the Services Application, the processes for amendments and changes and the rights of the Parties arising therefrom.
Clause 3 (Duration) determines the rights and obligations arising in terms of the Effective date, the Initial Period, termination and automatic renewal.
Clause 4 (Products and Services) explains the basis on which provision of products and services will occur, the setup thereof and the support services available.
Clause 5 (Customer Input) sets out what we require from you (at your cost) to be able to provide the services you have ordered. This includes (amongst other things) access to the site, the necessary utilities required for us to be able to fulfil our obligations to you.
Clause 6 (Customer Obligations) – your obligations in terms of regulatory compliance, acceptable use, security, misuse or unauthorised use of equipment, unlawful activity and the effect of non-compliance with these obligations.
Clause 7 (Data) covers the ownership of your data, privacy and the restricted use thereof.
Clause 8 (Excusing Clauses) as defined in clause 1.14 of the Agreement, this clause explains the process to be followed in the event of any Excusing Cause arising and the implications thereof.
Clause 9 (Variation Procedures) explains the procedure to be followed by the Parties where variations or amendments to Services are required.
Clause 10 (Consideration) – this clause explains the terms and conditions of payments for services, other fees, overdue amounts, disputes, suspension of services, escalations, set-off and credit checks.
Clause 11 (Maintenance and Information Exchange) sets out the basis on which we will implement our Service Level Agreement and our expectations from you to enable us to perform.
Clause 12 (Safety and Security) sets out the obligations of each Party in respect of health and safety requirements.
Clause 13 (Suspension of Services) – why, when and how we may lawfully suspend or withdraw our Services to you.
Clause 14 (Intellectual Property) explains the rights of each party in respect of the other’s IP and also your obligations in terms of where we grant you the right to use third party proprietary software for which we hold a licence.
Clause 15 – Our Warranties to you.
Clause 16 (Confidential Information) sets out the obligations and duties of the Parties to each other in terms of confidential information that may be received or disclosed during the currency of our Agreement and any exceptions thereto.
Clause 17 (Termination) sets out the basis on which the parties may terminate this Agreement and the effects thereof.
Clause 18 (Limitation of Liability) sets out the maximum extent to which our liability, if any, will be limited as well as further exclusions.
Clause 19 (Dispute Resolution) sets out how the Parties are to proceed in the event of a dispute between themselves.
Clause 20 (Domicilia and Notices) sets out where and how the Parties choose to serve any legal notices on each other.
Clause 21 (Force Majeure) sets out what happens in the event that we are unable to perform in terms of this Agreement because of causes beyond our control.
Clause 22 (Assignment and Sub-Contracting) – you may not cede, assign, delegate or transfer the benefit or burden of this Agreement without our prior written consent. We may however sub-contract our obligations but will remain liable for the performance by our sub-contractors.
Clause 23 (Relationship and Duty of Good Faith) – the Parties agree that they will act in accordance with their mutual duty of good faith towards each other but retain their independence.
Clauses 24 to 26 contain various rules of interpretation to which the Parties agree to be bound.
