Terms & Conditions
PLEASE READ THESE SERVICE TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
Last Updated: March 16, 2016If you are using Reboot Lab software or services and you reside in South Africa, you are contracting with Online Deployment Group (Pty) Ltd or its subsidiaries. Online Deployment Group (Pty) Ltd and its subsidiaries are each hereinafter referred to as “Reboot Lab”, “we”, “us”, or “our”.
Reboot Lab provides various Software and Services, in the form of Software Solutions, Professional Contracting Services, Maintenance Services, and Managed Services (collectively, the “Services”), which Services are more fully described at www.rebootlab.co.za and any other websites through which Reboot Lab makes the Services available. By accepting a Reboot Lab quote or proposal for Services, or by engaging with Reboot Lab for Services delivery based on the quote or proposal (“Services Proposal”), you agree to comply with and be legally bound by the terms and conditions of these Services Terms & Conditions (“Terms”).
These Terms govern your use of the Services and constitute a binding legal agreement between the Customer and Reboot Lab. If you do not agree to these Terms, you are not entitled to continue using such Services.
ModificationReboot Lab reserves the right, at its sole discretion, to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Reboot Lab Website or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to use the Services after we have posted a modification on the Reboot Lab Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
Services Agreement1. In the performance of the Services, employees of each party may be exposed to confidential information and materials of the other party. Both parties agree for themselves and all of their employees (and sub-contractors, if applicable and on a reasonable basis) that such information shall be kept confidential and not disclosed to third parties. Items will not be considered to be Confidential Information:
- (i) already available to the public other than by a breach of this Agreement;
- (ii) rightfully received from a third party not in breach of any obligation of confidentiality
- (iii) independently developed by personnel or agents of one party without access to the Confidential Information of the other
- (iv) proven to be already know to the recipient at the time of disclosure
- (v) produced in compliance with applicable law or order, and gives the disclosing party an opportunity to object to and/or attempt to limit such production.
- (i) convert the Personal information into fictitious test data, or
- (ii) encrypt the Personal Information and forward to SSA the appropriate de-encryption key/ technology.
3. Reboot Lab warrants that it will take all reasonable steps to ensure that the Services delivered will be performed by qualified personnel in a professional manner conforming with generally accepted industry standards and practices.
4. Except as expressly set out in the Services Proposal, all warranties, conditions, representations and terms whether express or implied by statute, common law, custom, trade usage, or otherwise, including without limitation any implied terms, conditions or warranties of satisfaction quality, fitness for a particular purpose or non-infringement are hereby excluded to the fullest extent permitted by law. Reboot Lab does not warrant the results of any Services. Notwithstanding the basis on which any legal action may be brought (whether under statute, contract, indemnity, delicit or otherwise), under no circumstances shall Reboot Lab be liable to the Customer for any of the following types of loss or damage arising under or in relation to the Servicers Proposal or these Terms:
- (i) any loss or inaccuracy of data,
- (ii) loss of profits,
- (iii) loss of business,
- (iv) loss resulting from business disruption,
- (v) loss of contracts,
- (vi) loss of revenue,
- (vii) loss of anticipated savings,
- (viii) loss of goodwill,
- (ix) loss of reputation,
- (x) payments made to third parties,
- (xi) lost or wasted management time or of other employees or contractors,
- (xii) charges levied by any third parties,
- (xiii) any additional bank borrowings or charges relating to bank borrowings,
- (xiv) costs of recovering debt (regardless of whether due) or
- (xv) any administrative costs (regardless of whether these types of loss or damage listed in this sub paragraph
- (i) are a direct, indirect, special or consequential) or
- (ii) any indirect, special, incidental or consequential losses or damages whatsoever, even if such party has been advised of the possibility of such losses or damages.
5. Notwithstanding any other clause in these Terms or the Services Proposal, Reboot Lab shall not be liable for any death or personal injury caused by its negligence or for any liability which cannot be excluded by law. This section shall survive the termination of these Terms or the Services Proposal.
6. Reboot Lab may use certain Reboot Lab proprietary software and documentation (“Reboot Lab Toolkit”) in performing the Services. The Reboot Lab Toolkit is owned by Reboot Lab or its suppliers who shall at all times retain all rights, title and interest therein. The Customer agrees not to use it for any purpose, relicense, copy in whole or in part, (except for an archival copy or copies made in the course of automatic backups), modify, reverse engineer, decompile or disassemble the Reboot Lab Toolkit. Access shall be restricted to those expressly authorized by Reboot Lab in writing. Any information gained by such use shall be treated as Confidential Information. Upon termination of the Services, Reboot Lab will remove the Reboot Lab Toolkit from the system including archival or automatic backup copies. The Customer agrees to certify in writing to Reboot Lab that no other copies of the Reboot Lab Toolkit remain in their possession.
7. These Terms will be subject to the laws of South Africa and both parties irrevocably submit to the exclusive jurisdiction of the courts of South Africa.
8. This agreement may not be assigned by the Customer without the prior written consent of Reboot Lab. Reboot Lab may assign all or any of its rights and obligations under the Services Proposal upon providing written notice to the Customer.
9. No variation of these Terms or of the Services Proposal will be enforced against either party unless such party gives its express consent in writing by an officer of such party.