1.1. The Customer is hereby granted for the term of this agreement a non-exclusive, non-transferable license to use the product and documentation on a month-to-month basis.
1.2. Paradigm Software is a subscription-based license registered for one month per paid period.
1.3. Paradigm Software is licensed via a fully automated internet system which requires ongoing internet access with a maximum break of 72 hours.
1.4. The Customer may terminate this agreement with a calendar months’ notice period required.
2. FEES, PAYMENTS, ESCALATIONS, SUPPORT
2.1. Paradigm Software’s monthly subscription is payable in advance using any of the following payment options:
2.1.1. Debit Order - Signed with Paradigm Software which will be automatically renewed until notice is given by the Customer.
2.1.2. EFT Payment - Manual payments made by the Customer.
2.2. Monthly renewal entitles the Customer to:
2.2.1. Free upgrades to the latest Paradigm Software version.
2.2.2. Telephonic and remote support by submitting support tickets via email to firstname.lastname@example.org between 08:30 and 16:30 from Monday to Thursday and 08:30 to 15:00 Friday.
2.2.3. When a ticket is submitted the Customer will be notified if the request falls under billable services and/or if an onsite consultant is required.
2.2.4. For billable support tickets, the policy is as follows:
18.104.22.168. Should a request be estimated to take less than 2 hours, the Customer will be notified, and a support consultant will ask for confirmation to continue with the request. Paradigm Software has a minimum charge of 30 minutes.
22.214.171.124. Should a request be estimated to take more than 2 hours, the Customer will be notified, and the support consultant will ask for confirmation to continue with the request or if the Customer would like Paradigm Software to provide a formal quotation estimate.
126.96.36.199. All scoping and investigations are billable at time spent.
188.8.131.52. All quotes are an estimate and will be billed at time spent.
184.108.40.206. A penalty fee of 30 minutes of the consultant rate will be charged for missed appointments.
220.127.116.11. The Customer will be updated regarding the progress and the hours spent will be invoiced on a weekly basis on a Friday. All consulting invoices are due by close of business on the Tuesday following the week of issue.
2.2.5. For non-billable support tickets, the policy is as follows:
18.104.22.168. If the request is to fix a view on the user interface, or give a screenshot describing a very specific process, that is not already part of Paradigm Software Knowledge Base, then Paradigm Software may consider it non-billable.
22.214.171.124. If the user requests Paradigm Software to do the work for them like processing of documents, or set up of users as an example, then it is billable.
2.2.6. Customer facing consultants who assist onsite or remotely:
126.96.36.199. Engagement with onsite consultants is always billable. This includes, but is not limited to, in person meetings whether at Paradigm’s office or the Customers, telephonic meetings, Teams/Zoom.
188.8.131.52. A penalty fee of 30 minutes of the consultant rate will be charged for missed appointments.
184.108.40.206. Project scoping’s are not accepted via email. A mandatory scoping session must be booked with a consultant. This will be charged at time spent at the rate of the consultant.
220.127.116.11. Travel for onsite visits is charged at R290.00 excluding VAT per trip.
18.104.22.168. Billable work is invoiced on a Friday and invoices due by the close of business on the Tuesday following the week of issue.
2.2.7. Developers who build and enhance the Paradigm application:
22.214.171.124. Developers are not customer facing and only communicate via the Support or Onsite consultants.
126.96.36.199. Developers build any custom features as per the spec provided by the consultant and is billed at time spent.
188.8.131.52. Any time spent by a developer is billable unless Paradigm Software discover the issue originates from a defect in the standard Paradigm application.
184.108.40.206. All services rendered related to customisations are billable. This includes the development, testing, deployment, support, fixes, and any future modifications made to the customised features.
220.127.116.11. Billable work is invoiced on a Friday and invoices due by the close of business on the Tuesday following the week of issue.
2.3. Customers subscription price escalation is annually at 5%.
2.3.1. Price escalation will be limited to a maximum of ZAR CPI per annum.
3. PARADIGM SOFTWARE EXCLUSIONS
3.1. Paradigm Software shall not be responsible for and shall not be obliged to correct errors which result:
3.1.1. From failure of equipment or other software 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.
3.1.2. From environmental conditions such as humidity and air-conditioning.
3.1.3. From accident, negligence, misuse, or default by the Customer or any third party.
3.1.4. From failure or fixed or removal storage media.
3.2. Any time spent by Paradigm Software investigating an error caused by any of the above shall be charged for by Paradigm Software as an additional cost at time spent at the rate of the consultant.
4. INTELLECTUAL PROPERTY
4.1. Paradigm Software 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.
5.1. Paradigm Software makes no warranties and representations whether express or implied in respect of the product, or the documentation attaching to the product and in no event will Paradigm Software be liable for direct, indirect, special, incidental, or consequential damages arising out of the use or inability to use the product or documentation even if advised of the possibility of such damage. In addition, Paradigm Software 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.
6. THE CUSTOMERS OBLIGATIONS
6.1. The Customer undertakes to appoint a manager/champion as a contact person to deal with all correspondence and communication with Paradigm Software.
6.2. To institute any new releases or error fixes and version of product in line with Paradigm Software’s recommendations and to keep machine operating software up to date and to pay all costs associated therewith.
6.3. Not to reverse engineer, dissemble, or translate, decode, or modify the product.
6.4. Not to loan, rent, assign, sub-lease or in any other manner or transfer the product to any unauthorised third party.
7.1. This agreement constitutes the whole agreement between the parties. No variation, addition 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.
7.2. No indulgence, leniency or extension of time which Paradigm Software may show to the Customer shall in any way prejudice or preclude Paradigm Software from exercising its rights in the future.
7.3. 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.
7.4. Paradigm Software requires the Sage Evolution Software Development Kit (SDK) Connector.
7.5. Paradigm Software may require Sage Evolution add-on modules for certain functionality.
7.6. Any Sage Evolution products required are not included and must be purchased separately.
7.7. Paradigm Software requires the Sage Pastel Partner Software Development Kit (SDK) Connector.
7.8. Paradigm Software may require Sage Pastel Partner add-on modules for certain functionality.
7.9. Any Sage Pastel Partner products required are not included and must be purchased separately.
8. HARDWARE RECOMMENDATIONS
8.1. Each Customer site has a unique infrastructure requirement and needs to be assessed on a regular basis to ensure optimum performance. The onus is on the Customer to arrange regular assessments by Paradigm Software.
T: 021 204 8213
6 Church Street, Durbanville,
Cape Town, 7550.