Symplify (PTY) LTD Managed Services Terms and Conditions
These Terms and Conditions (“Agreement”) are a legal agreement between you (“Customer”) and Symplify (PTY) LTD (“Symplify”).
By accepting these terms and conditions, you agree to all the terms and you authorise the collection of information about your computers and devices that will be used in order for Symplify to provide managed support services, measure performance, & deploy updates to your IT environment.
Definitions. The following terms will have the following meanings whenever used in this agreement:
“Collection of information” means system identifiable information. Does not include user specific data.
“Customer” means an individual, company or entity that has signed up to the support services provided by Symplify.
“Reseller” means the mobile device manager (MDM) licenses that Symplify resells on behalf of another service provider.
“Managed Services” means the outsourcing of technical support services provided by Symplify to a Customer where Symplify will be responsible for managing the applicable Customer’s account on behalf of and under the direction of the Customer, through an installed MDM, in order to have its devices managed by the Software and for the support process to be managed.
“Customer grants access” means the customer grants access to the system on their device.
“Installed MDM” means the software that Symplify has selected and installed onto the customers selected devices.
“Support Profiles” means a customer will join a unique company profile or a selection of support profiles based on the needs of the customer for the support process. The selection of profiles policies will be defined by Symplify and based on industry standards.
“Apple Business Manager” means creating the ability to manage & support devices that a company procures devices for its employees and these devices need to be managed as per the company’s policies or whereby a customer requires custom support processes.
“Payment” means the monthly subscription that a customer signs-up to and pays a fee every month for the Managed Services provided to the customer.
Subject to this agreement the Customer appoints Symplify to provide Managed Services until the customer terminates the agreement.
- Managed Services
- 2.1.The customer grants access to Symplify to provide managed services and authorises Symplify to access all of their devices that have been selected to be supported. Symplify will not require access to user data.
- 2.2.Symplify will provide the following as part of the managed services:
- 2.2.1.Automated IT processes that run daily, weekly & monthly with automated scripts;
- 2.2.2.Support Profiles selected for each customer based on their unique needs and industry specific standards
- 2.2.3.Advice & setup of a private network to assist with protection of your data if required;
- 2.2.4.Advice & setup of file storage and file sharing with iCloud
- 2.2.5.Access to training on how to use Apple works on Mac;
- 2.2.6.Access to approved and supported Application catalogue for business that runs seamlessly on Mac, updated amended from time to time by Symplify;
- 2.2.7.Continuity of business – remote live support to have a machine up and running within 4 hours if there is a catastrophic failure, subject to network connectivity & subject to non-hardware failures.
- 2.2.8.A user is supported as the following: 1 Mac OS, 1 iPad OS, 1 IOS.
In order to provide the managed services, the customer accepts that Symplify will select a Mobile Device Manager suitable to the Customers environment and the customer accepts that Symplify is a reseller of the Mobile Device Manager licenses.
- Apple Business Manager
For customers that have more than 15 users, procures devices for it’s employees, requires custom support processes, support environments, and zero-touch deployments, Symplify will assist the customer in creating an Apple Business Manager account.
- 5.1.The customer authorises Symplify’s appointed 3rd party credit/debit card collection service to debit each and every month from the date of sign-up, the fee for providing the Managed Services.
- 5.2.The Managed Services will be paused in the event that a successful debit is not collected on behalf of Symplify from its appointed 3rd party credit/debit card collection service.
- 5.3.If payment is not collected after 7 days of the first attempted debit and the payment fails a second time on the second debit attempt on the Customers card, Symplify reserves the right to suspend the Managed Services and remove all Support Profiles from the customers devices.
- Limitation of Liability
In no event shall Symplify be liable to the Customer or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Software, Hardware, Managed Service, Installed MDM or Apple Business Manager, including without limitation to losses incurred due to: (a) software glitches, server failures, power outages, or any other issue beyond our control; (b) any delays in or failure of the Services to operate as described; (c) any unauthorised disclosure of account information or other Service disruptions that may occur through the actions of any third party, such as hackers; (d) any damages that may occur to a telephone or other mobile device that results from the use of the Services; (e) damages or losses of any kind resulting from actions you take in reliance upon any results or other information provided by the Services; and (f) any other damages or losses you may incur in connection with the Software.
- Force Majeure
In no event shall Symplify be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, pandemics, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Symplify shall use reasonable efforts which are consistent with accepted practices in the Technical services industry to resume performance as soon as practicable under the circumstances.
- General Warranties
- 8.1.Each of the Parties hereby warrants to and in favour of the others that: –
- 8.2.it has the legal capacity and has taken all necessary corporate action required to empower and authorise it to enter into this Agreement;
- 8.3.this Agreement constitutes an agreement valid and binding on it and enforceable against it in accordance with its terms;
- 8.4.the execution of this Agreement and the performance of its obligations hereunder does not and shall not: –
- 8.4.1.contravene any law or regulation to which that party is subject;
- 8.4.2.conflict with or constitute a breach of any of the provisions of any other agreement, obligation, restriction or undertaking which is binding on it;
- 8.4.3.to the best of its knowledge and belief, it is not aware of the existence of any fact or circumstance that may impair its ability to comply with all of its obligations in terms of this Agreement;
- 8.4.4.it is entering into this Agreement as principal (and not as agent or in any other capacity);
- 8.4.5.the natural person who signs and executes this Agreement on its behalf is validly and duly authorised to do so; and
- 8.4.6.it is not relying upon any statement or representation by or on behalf of any other Party, except those expressly set forth in this Agreement.
- 8.5.Each of the representation and warranties given by the Parties in terms of this clause shall:-
- 8.5.1.be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in this Agreement;
- 8.5.2.continue and remain in force notwithstanding the completion of any or all the transactions contemplated in this Agreement; and
- 8.5.3.be deemed to be material and to be a material representation inducing the other Parties to enter into this Agreement.
- Whole Agreement
This Agreement constitutes the whole agreement between the Parties as to the subject matter hereof and no agreement, representations or warranties between the Parties other than those set out herein are binding on the Parties.
No addition to or variation, consensual cancellation or novation of this Agreement and no waiver of any right arising from this Agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the Parties or their duly authorised representatives.
- Intellectual Property
The customer or any of it’s users or any other person designated or not designated that the customer gives access to the managed services, agrees to not copy, transfer or reverse engineer any idea; method; invention; process; discovery; computer programme; database; drawing; literary work; product; packaging or other design; trade or service mark; logo; domain name or other work (whether registrable or not and whether a copyright work or not) for the duration of the agreement & for 18 months after termination of the agreement.
- Governing Law
This Agreement is governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
- Variation, cancellation and waiver
No contract varying, adding to, deleting from or cancelling this Agreement, and no waiver of any right under this Agreement, shall be effective unless reduced to writing and signed by or on behalf of the Parties.