Terms and Conditions
1.1 It’s the client's responsibility to inform Annax, about any changes to their salient details.
1.2 Annax defines working hours as 08h00 to 17h00 Monday to Friday excluding Public holidays.
1.3 Should the client require work to be performed outside of the above mentioned working hours, rates will be levied as follows:
1.3.1 Time & a Half for any work performed on Weekdays outside of the above mentioned working hours as well as on Saturdays
1.3.2 Double time for any work performed on Sundays and Public Holidays
1.4 Work performed will be deemed acceptable by virtue of a signed job card if no written complaint is received from the customer within seven (7) days calculated from date of signature of the said job card.
1. Settlement Terms
2.1 Hardware and Software sales require payment in full on acceptance of a quotation. A pro-forma invoice can be issued on request.
2.2 Any hardware collected from our offices, will only be released upon receipt of payment in settlement of the outstanding amount.
2.3 All hardware remains the property of Annax, until paid in full.
2.4 Any software development will be billed on an ad-hoc basis and will be as discussed and agreed upon by both parties. Unless both parties agree in written notice to alternative payment arrangement.
2.5 A minimum of 1 hour will be levied for any call out outside SLA or under 1 hour work. Unless agreed upon differently by both parties.
2.6 We reserve the right to hand over any unsettled overdue accounts to our legal department to ensure that we regain possession of items that have not been fully paid for.
2.7 We reserve the right to allocate payment received on a client's account to the oldest debt for that account.
2.8 All accounts rendered to any client will be payable on or before the due date specified on the invoice failing which such account will be deemed to be overdue.
3. Overdue Accounts
3.1 Overdue accounts will incur interest at a rate of 2% per month, of the current out-standing amount, until settled. This interest will be incurred monthly and will become due on receipt of the statement reflecting the interest amount.
3.2 Communication with regards to overdue accounts will be sent to the client's designated contact via email.
3.3 If an account is overdue, no further services or sales will be provided until the overdue amount has been settled.
3.4 In the event of an account having to be handed over to our attorneys for collection due to non-payment, the client will be liable for all costs on the attorney and client scale including collection commission.
4. Limitation of Liability
4.1 Annax and its employees, directors, agents or selected suppliers, shall not in any way whatsoever be liable in terms of this agreement or, in dialect, contract, warranty or otherwise for:
4.1.1 Any loss of profits, consequential, indirect or special damages or expenses (including legal costs on an attorney-and-own-client basis) whatsoever arising directly or indirectly out of Annax or its selected suppliers' services or products and the client hereby indemnifies Annax accordingly.
4.2 Any direct damages suffered by the client, unless such damages were caused by Annax’s gross negligence and/or wilful misconduct, will be subject to clause 4.1.1.
4.4 Annax’s entire liability and the collective entire liability for actual direct damages is limited in the aggregate for all claims, causes of actions and occurrences to an amount equal to the amount paid or payable by the client to Annax for the relevant services delivered during the month of the direct damages. The limitation shall not apply to the client's failure to pay any amounts owing to Annax under this agreement or any subsequent agreement.
4.5 The client further indemnifies Annax, its directors, employees, agents or suppliers against any claim and/or legal action that may arise from non-compliance with the relevant legislation applicable to the operations of the client or any provision under this agreement or content placed on or accessible through the clients use of the services.
5.1 Agreed upon refunds can only be claimed within the first 5 working days from day of purchase.
5.2 Refunds on services/work done can only be claimed if both parties have a written agreement on the refund.
5.3 Refund on a deposit will only take place in the event that there has been numerous written complaints from the client on work in progress or if work is not completed in the required timeframe, unless the timeframe was delayed because the client could not/would not provide required tools/content for work to commence.