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--- terms_of_enduser_ticket_system_usage [2024/12/30 16:03] – thesaint
+++ terms_of_enduser_ticket_system_usage [2025/10/14 00:51] (current) – [10. Limitation of Liability] thesaint
@@ Line 1: / Line 1: @@
 **''see last modified date at base of all pages''**
-{{:sc-ts.png?nolink&700|http://sc-tickets.supportcall-isp.co.za/ }}
-====== Terms of Enduser Ticket System Usage ======
+[[http://sc-tickets.supportcall-isp.co.za/|{{:sc-ts.png?nolink&700|SupportCALL Ticket System}}]]
-=== 1. Acceptance of Terms ===
+====== Terms of End-user Service and Ticket System Usage ======
+===== 1. Acceptance of Terms =====
 By using our Ticket System or our services, you agree to comply with and be bound by these Terms of Use. If you do not agree, please do not use the system, site, or services.
-=== 2. User Responsibilities ===
+===== 2. User Responsibilities =====
-You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and account. You agree to always keep your account complete and updated with the correct information. You agree to accept responsibility for all activities that occur under your account and that you may be billed for any and all billable requests.
+You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and account. You agree to keep your account complete and updated with correct information. You accept responsibility for all activities that occur under your account and acknowledge that you may be billed for any and all billable requests.
-=== 3. Permitted Use ===
+===== 3. Permitted Use =====
 You may use the Ticket System only for lawful purposes and in accordance with these Terms. You agree not to use the system, site, or services:
   * In any way that violates any applicable local, national, or international law or regulation.
   * To impersonate or attempt to impersonate the company, a company employee, another user, or any other person or entity.
-=== 4. Ticket Submission ===
+===== 4. Ticket Submission =====
 When submitting a ticket, provide accurate and complete information. You are responsible for the content of your submissions, and you agree not to submit any false, misleading, or inappropriate content. You agree to provide complete and accurate information on tickets.
-=== 5. Data Privacy ===
+===== 5. Data Privacy =====
-All personal data provided by you through the Ticket System will be handled in accordance with our Privacy Policy. You consent to the collection, use, and disclosure of your personal data as described in the Privacy Policy.
+All personal data provided by you through the Ticket System will be handled in accordance with our Privacy Policy. You consent to the collection, use, and disclosure of your personal data as described in our Privacy Policy.
-=== 6. Service Availability ===
+===== 6. Service Availability =====
 We strive to ensure the Ticket System is available 24/7, but we do not guarantee uninterrupted access. Maintenance, updates, or technical issues may result in temporary service interruptions. We do, however, do our utmost to ensure maximum available services.
-=== 7. Modification of Terms ===
+===== 7. Modification of Terms =====
-We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms here or on our website. Your continued use of the Ticket System after the posting of revised Terms constitutes your acceptance of the changes.
+**7.1.** We reserve the right to modify these Terms of Use from time to time to reflect changes in our services, business practices, or legal and regulatory requirements.\\
+**7.2. Minor Changes:** For minor, non-material changes (e.g., correcting typos, adding contact information, or changes not affecting the core rights and obligations of the user), the revised Terms will be effective immediately upon posting on the Ticket System.\\
+**7.3. Material Changes & Notice:** If a change is deemed **Material** (including, but not limited to, changes to pricing/rates in Clause 17, limitations of liability in Clause 10, or the core services in Clause 14), we will provide you with **at least 30 calendar days' written notice** of the change before it takes effect. This notice will be delivered by one or more of the following auditable methods:\\
+  * **(a) System Notification:** A dedicated message posted to the **Ticket System message center** for all affected registered users (logged against the user's account).\\
+  * **(b) Login Screen Banner:** A non-dismissible notice or banner placed on the Ticket System login page.
+**7.4. Right to Terminate and Acceptance:** If you do not agree to a Material Change, you may terminate this Agreement by providing written notice to SupportCALL before the 30-day notice period expires. If you **log in to the Ticket System** or **submit a new request** after the effective date of the Material Change, you will be deemed to have accepted the new Terms. The act of logging in or submitting a request constitutes acceptance.
-=== 8. Intellectual Property ===
+===== 8. Intellectual Property =====
-All content, trademarks, and data on the Ticket System, including software, databases, text, graphics, icons, and hyperlinks, are the property of the company and are protected by law.
+All content, trademarks, and data on the Ticket System, e-mail, WhatsAPP or any other form, including software, databases, text, graphics, icons, and hyperlinks, are the property of the company and are protected by law.
-=== 9. Third-Party Links ===
+===== 9. Third-Party Links =====
 The Ticket System may contain links to third-party websites. These links are provided for your convenience only. We have no control over the content of these sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.
-=== 10. Limitation of Liability ===
+===== 10. Limitation of Liability =====
-To the fullest extent permitted by law, the company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of SupportCALL products, services or the Ticket System.
+**10.1. Exclusion of Statutory Rights Prohibited:** Nothing in these Terms limits or excludes any guarantees, warranties, rights, or remedies you may have under the **Australian Consumer Law** (ACL) or the **South African Consumer Protection Act** (CPA) or any other law, which cannot be lawfully excluded, restricted, or modified.\\
+**10.2. Exclusion of Indirect Loss:** To the fullest extent permitted by law, SupportCALL shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses.\\
+**10.3. Limitation of Liability for Negligence and Direct Loss:** SupportCALL's total aggregate liability for all claims arising out of or related to this Agreement, including claims for breach of contract, tort (including **negligence**), or breach of statute, is limited to the **lesser of:**\\
+  * **(a)** The total fees paid by the client to SupportCALL for the specific work or service to which the claim relates; **OR**\\
+  * **(b)** AUD $±5,000 (ZAR R±50,000) (whichever is applicable) (subject to current exchange rates).\\
+**10.4.** This limitation does not apply to liability for fraud, gross negligence, or any liability which cannot be legally excluded.\\
-=== 11. Governing Law ===
+===== 11. Governing Law (REVISED DYNAMIC CLAUSE) =====
-These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which the company is established, without regard to its conflict of law principles.
+**11.1.** These Terms of Use shall be governed by and construed in accordance with the laws of the **SupportCALL entity** that is the contracting party and that invoices you for the services.\\
+**11.2.** If the contracting party is **SupportCALL (Pty) Ltd** (South Africa), the governing law will be the laws of **South Africa**.\\
+**11.3.** If the contracting party is **SupportCALL (Australia) Pty Ltd** (or equivalent Australian entity), the governing law will be the laws of the **State/Territory of that entity’s principal place of business** (e.g., Victoria) and the **Commonwealth of Australia**.\\
+**11.4.** By entering into this Agreement, you irrevocably submit to the exclusive jurisdiction of the Courts of the applicable Governing Law jurisdiction.
-=== 12. Contact Information ===
+===== 12. Contact Information =====
 For any questions about these Terms of Use, please contact us through the support contact information provided on our website.
-=== 13. User Agreement ===
+===== 13. User Agreement =====
-It is and will remain your responsibility, and the responsibility of the company you represent, to check this page regularly to stay abreast of any changes relating to the use of SupportCALL sites or service terms. By signing in to this site, you do so as a private individual, or representative of your company or the company you work for.
+It is and will remain your responsibility, and the responsibility of the company you represent, to check this page regularly to stay abreast of any changes relating to the use of SupportCALL sites or service terms. By signing in to this site, you do so as a private individual, or as a representative of your company or the company you work for.
-=== 14. Ticket and Work Handling ===
+===== 14. Ticket and Work Handling =====
 All tickets and work will be attended to as soon as possible with extra notice of the user-set priority level or within the SLA time period. It is also agreed that your company or the company you work for will not attempt to bypass SupportCALL to make direct use of any of SupportCALL staff, representatives, subcontractors, or contractors in any way. You should also provide us with as much information about the issue as possible and detail any steps taken to try to resolve the issue.
-=== 15. Local Tech Engagement ===
+===== 15. Local Tech Engagement =====
-You, or anyone associated with you or your company, may under no circumstances engage directly with LOCAL TECHs, subcontractors, partners, or associates, including their services, outside of the SupportCALL, SupportCALL Ticket System or through channels agreed upon. All work must be logged via the SupportCALL Ticket System or agreed channels. If your relationship with SupportCALL ends, you, or anyone associated with you or your company, may not contact or conduct business with any LOCAL TECHs, subcontractors, partners, or associates, including their services, or with SupportCALL staff for a minimum period of 10 (ten) years. This restriction remains unless the relationship with SupportCALL is re-established, or a specific agreement is made regarding the use of LOCAL TECHs, subcontractors, partners, associates, or SupportCALL staff.
+**15.1. Prohibition on Direct Dealing:** You, your company, or the company you work for, agree not to bypass SupportCALL or make direct use of any of SupportCALL staff, representatives, subcontractors, partners, or associates **during the term of this Agreement**. All work must be logged via the SupportCALL Ticket System or agreed channels.\\
+**15.2. Post-Termination Non-Solicitation (Restrictive Covenant):** You, or anyone associated with you or your company, may not contact, solicit, or conduct business with any **SupportCALL Staff, LOCAL TECHs, subcontractors, partners, or associates** who you had dealings with in the **12 months** immediately prior to termination of your relationship with SupportCALL.\\
+**15.3. Duration:** This restriction remains in force for a minimum period of **12 months** following the termination of your use of the SupportCALL Ticket System **or any SupportCALL services.**\\
+**15.4. Unenforceability (Cascading Clause for AU):** If any part of this Clause 15 is found to be invalid or unenforceable by a competent court or tribunal, the provision shall be read down to the period of **6 months** and/or limited to only those persons/entities you directly dealt with in the last 6 months, to the extent permitted by law, in order to protect SupportCALL’s legitimate interest in its confidential customer data and goodwill.
-=== 16. New Location Services ===
+===== 16. New Location Services =====
 If you or a client require services in a new location, contact us to check if we have a local tech in that location. If you require a local tech in an area not currently serviced by us, we can arrange for a local tech to be in place within a 2-week period if you can demonstrate that the volume of work justifies it. Rates charged may vary based on factors such as travel, costs, and the skill level of the tech.
-=== 17. Rate and Billing ===
+===== 17. Rate and Billing =====
-Consulting with SupportCALL starts at AUD $200.00 (ZAR R450) per hour, billed in 30-minute increments, with a 1-hour minimum purchase required. Callouts range between AUD $35.00 (ZAR R450) to AUD $±250 (ZAR R3000) per hour, billed in 30-minute increments, with a 1-hour minimum purchase required. Rates may vary based on the complexity of the project or job. Estimates can be provided upfront if a clearly defined scope of work is provided. A 1-hour appointment may be required to discuss larger or more complex projects. Work performed outside of normal business hours or on holidays will be billed at a higher rate. Requests for consultations with David Maree directly will incur a higher rate. Specific products or services may also increase the hourly rate due to their advanced nature.
+Consulting with SupportCALL starts at AUD $±200.00 (ZAR R±450) per hour, billed in 30-minute increments, with a 1-hour minimum purchase required. Callouts range between AUD $±35.00 (ZAR R±450) to AUD $±250 (ZAR R±3000) per hour, billed in 30-minute increments, with a 1-hour minimum purchase required. Rates may vary based on the complexity of the project or job. Estimates can be provided upfront if a clearly defined scope of work is provided. A 1-hour appointment may be required to discuss larger or more complex projects. Work performed outside of normal business hours or on holidays will be billed at a higher rate. Requests for consultations with David Maree directly will incur a higher rate. Specific products or services may also increase the hourly rate due to their advanced nature. (subject to current exchange rates)
-=== 18. Consulting Hours ===
+===== 18. Consulting Hours =====
 Our normal service hours are Monday through Friday, 09:00 to 16:00.
-=== 19. Meeting Coordination ===
+===== 19. Meeting Coordination =====
 Teams and Skype are used for communication during meetings. Webcams are optional, and if a mic is not available on your computer, you may use a phone to call into the meeting. You will receive this information after your appointment is confirmed by a SupportCALL representative. For remote configurations, we will have you connect us to your computer via our SupportDesk remote software at the beginning of your appointment. We prefer not to use other meeting clients or remote connection software. A ticket system login is created for registered clients to allow the creation of callout requests.
-=== 20. Documentation and Screenshots ===
+===== 20. Documentation and Screenshots =====
 After responding to your initial request with a booking link, you may send us any information that will assist during your appointment. Documentation sent prior to an appointment will be reviewed at the technician’s discretion. We are not obligated to review any documentation before a meeting as it is considered billable time. Do not send passwords or sensitive information via email or this contact form. The technician will request this information during your meeting or coordinate a secure way to receive it.
-=== 21. Bookings ===
+===== 21. Bookings =====
 All bookings may have a cancellation fee that applies.\\
 **Ticket System**\\
@@ Line 89: / Line 106: @@
 Timely communication ensures efficient service and allows us to assist other clients in need.\\
 \\
-SupportCALL, empowers clients through ICT professionals and ICT professionals to stay ahead of the curve. \\
+SupportCALL empowers clients and ICT professionals to stay ahead of the curve.\\
-Your success is our success. \\
+Your success is our success.\\
 \\
-Booking form\\
+**Booking form**\\
 First name · Surname · Email address · Phone number\\
 CALLOUT or MEETING\\
@@ Line 98: / Line 115: @@
 COMPANY NAME\\
 PHYSICAL ADDRESS\\
-\\
-=== 22. Warranty Information ===
-Due to the nature of the work performed, there is no warranty on hourly work. Each hour worked is billable regardless of the outcome. While recommendations will be made regarding the level of effort required to implement a solution or fix an issue, it is up to you to specify if there is a cap on the number of hours. Products or third-party services come with their own warranty and support from the provider. SupportCALL will assist with these as much as possible, but fees may apply. All work is billable, and periodic slow billing can occur. Terms and pages may be updated or changed without notification, and it is your responsibility to check for changes regularly.
-=== 23. Protection of Personal Information ===
+===== 22. Warranty Information (REVISED FOR STATUTORY COMPLIANCE) =====
+Due to the nature of the work performed, there is no separate contractual warranty on hourly work. **However, nothing in this clause excludes, restricts, or modifies any statutory consumer guarantees or warranties that apply under the Australian Consumer Law or the South African Consumer Protection Act, including the guarantee that services will be provided with due care and skill.** Each hour worked is billable regardless of the outcome, unless the outcome results from a major failure of service where statutory guarantees apply. While recommendations will be made regarding the level of effort required to implement a solution or fix an issue, it is up to you to specify if there is a cap on the number of hours. Products or third-party services come with their own warranty and support from the provider. SupportCALL will assist with these as much as possible, but fees may apply. All work is billable, and periodic slow billing can occur. **The Terms and pages may be updated or changed as set out in Clause 7 (Modification of Terms), and it remains your responsibility to familiarise yourself with the notice of any such change.**
+===== 23. Protection of Personal Information =====
 We hold your and your company's information and data in the highest regard. Best practices include:
   * Encrypting all sensitive data during storage and transmission.
   * Regularly updating and patching our systems to protect against vulnerabilities.
   * Implementing strict access controls and ensuring only authorized personnel have access to sensitive information.
   * Conducting regular security audits and assessments.
   * Providing training to staff on data protection and privacy policies.
-=== 24. Ticket System Workflow ===
+===== 24. Ticket System Workflow =====
 This section outlines the specific workflow for handling tickets received from clients.
 **Setup:**
-  * Clients have access to the SupportCALL Ticket System via a self or SupportCALL assisted created login.
+  * Clients have access to the SupportCALL Ticket System via a self- or SupportCALL-assisted login.
-  * Clients can log in and create either Estimate Requests or Callout Requests (Cabling, Onsite or Remote Support).
+  * Clients can log in and create either **Estimate Requests** or **Callout Requests** (Cabling, Onsite, or Remote Support).
-  * These requests are actioned by SupportCALL as these tickets are created by the with their own login to the SupportCALL Ticket System.
+  * These requests are actioned by SupportCALL as tickets created by the client with their own login to the SupportCALL Ticket System.
 **Additional Fields:**
-  * To aid Clients and link to Client Systems as a tracking record, additional fields are provided: (some examples below)
+  * To aid clients and link to client systems as a tracking record, additional fields are provided (examples below):
-    * Own HelpDesk linked (ticket/order): A Choice stating if there is a ticket or reference on a system of yours we can refer this request to.
+    * **Own HelpDesk linked (ticket/order):** A choice stating if there is a ticket or reference on your system we can refer to.
-    * Own HelpDesk / Order #: Please enter the ticket or reference number on your system.
+    * **Own HelpDesk / Order #:** Enter the ticket or reference number on your system.
 **Purchase Order Box:**
-  * A PO box field is available to add a PO # if available at the time of ticket creation. This is a new addition but is filled in if provided after ticket creation.
+  * A PO field is available to add a PO # if available at the time of ticket creation. This can also be provided after ticket creation.
 **Ticket Creator Information:**
-  * The ticket shows a field for the creator to enter their name, number, and email as a reference to the ticket.
+  * The ticket includes fields for the creator’s name, number, and email as a reference to the ticket.
 **Completion and Verification:**
-  * After a job is completed and the ticket updated, a verification request is usually sent to clients to verify the resolution and that processing of the ticket may be done.
+  * After a job is completed and the ticket updated, a verification request is usually sent to clients to confirm the resolution and that processing of the ticket may be done.
-    * (example) GOOD DAY, PLEASE CHECK CURRENT RESOLVE, PLEASE ALSO CONFIRM WE MAY CLOSE AND MARK THIS TICKET AS RESOLVED, AND PROCESS AND BILL, THANK YOU VERY MUCH
+    * (example) GOOD DAY, PLEASE CHECK CURRENT RESOLVE, PLEASE ALSO CONFIRM WE MAY CLOSE AND MARK THIS TICKET AS RESOLVED, AND PROCESS AND BILL, THANK YOU VERY MUCH
 **Processing of tickets:**
-  - Processing of ticket (in other words, closing and invoicing) will be done once the client has responded to the resolution verification request or when enough time has passed for SupportCALL to deam the client is satisfied that the ticket is resolved and that SupportCALL my process and invoice the ticket.
+  * Processing of a ticket (closing and invoicing) will be done once the client has responded to the resolution verification request or when enough time has passed for SupportCALL to deem the client satisfied that the ticket is resolved and that SupportCALL may process and invoice the ticket.
-By using the Ticket System, sites and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
-===========================
+----
+By using the Ticket System, sites, and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
 [[http://tickets.supportcall-isp.co.za/|Return to Login]]
-Copyright © SupportCALL - Tickets
+© SupportCALL - Tickets