BEE123 provides the Services according to the service levels in these terms. There is no need to sign a separate service level agreement or SLA.
BEE123 will use its commercially reasonable endeavours to ensure that the BEE123 Portal is:
• available 99% of the time; and
• provided to Client in accordance with the service levels.
Client may purchase a subscription to access and use the Services by following the relevant steps on the BEE123 Portal. If Client subscribes to use a Service, Client will be bound for the full duration of the subscription period. Subscriptions to Services will be for the subscription period commencing on the effective date.
Upon acceptance of a proposal, and subject to payment of the applicable fees, BEE123 grants Client and its end users the right to access and use the corresponding Services via the BEE123 Portal only with the user roles according to Client's subscription type for the subscription period. This right is non-exclusive and non-transferable and limited by this agreement.
Client must communicate with BEE123 by email, sent to the appropriate email address BEE123 provides in the proposal, or on its website or BEE123 Portal from time to time.
BEE123 will communicate with Client using the details Client provides to BEE123.
BEE123 grants Client a right to use the Services subject to the following limitations:
• duration of agreement – Client may only use the Services for the duration of the agreement;
• limited to terms – Client may only use the Services in accordance with this agreement;
• non-exclusive – BEE123 may allow anyone else to use the Services;
• non-transferable – Client may not transfer the right to anyone else; and
• specified purposes – Client may only use the Services for its own business purposes and the specified purposes that BEE123 has communicated to Client in writing from time to time.
Client acknowledges and agrees that it will not, whether directly or indirectly, provide access to the Services to any third party who is a competitor of BEE123, or who provides Services or solutions which are similar to or the same as the Services.
It is Client's responsibility to ensure that it makes regular backups of Client Data, as BEE123 will not be liable for any loss to or destruction of any data stored on the BEE123 Portal.
BEE123 may suspend or cancel Client's right if Client breaches the agreement.
Client's dealings with any third party found on or through the BEE123 Portal or Services, including payment, delivery, and associated terms, are solely between Client and that third party. BEE123 is not liable for any loss or damage arising from such dealings.
BEE123's website or the BEE123 Portal may contain links to third-party websites. BEE123 is not responsible for the content, use, or availability of these websites, or for any products, Services, or personal information provided to them. Client should review the terms and policies of any third-party website accessed through the Services or BEE123 Portal.
Client must ensure it complies with the terms of any third party websites, products, or services it accesses through BEE123's Services.
BEE123 may refer Client to third party service providers. BEE123's referral does not endorse or recommend these providers. Client must independently verify them. No third party is BEE123's agent or servant and has no authority to amend this agreement, contract on BEE123's behalf, or make any representation, warranty, or commitment for BEE123. BEE123 is not liable for any act or omission of any third party Client chooses to engage with, including services provided in relation to the BEE123 Portal.
Where appropriate BEE123 will take all reasonable steps to comply, and ensure that its personnel comply, with Client's policies that are relevant to the Services. Client must notify BEE123 of all of Client's applicable policies prior to the effective date and give BEE123 and the relevant personnel reasonable written notice of any change in Client's existing policies or the implementation of Client's new policies. Where Client policies require BEE123 to incur costs or significant time (especially of the BEE123 development team), client will bear the cost.
Transformation or empowerment laws including requirements, rules, regulations, codes, practice notes, standards or charters require practical implementation that is open to interpretation. BEE123 provides its Services on its interpretation and opinion. Client acknowledges that a regulator, verification agency or other authority may have a different interpretation or opinion. Therefore, BEE123 is not liable for any loss, damage or harm related to its interpretation or opinion of the law, including Client's decision to act or refrain from acting, or reliance on BEE's interpretation or opinion, which may result in any varying status level.
Verification agencies have their own interpretation or opinion. Client acknowledges that BEE123's interpretation and opinion may differ from that of Client's verification agency. BEE123 does not guarantee that the file will be complete or that Client's verification agency will accept any verification file or other deliverables that the BEE123 Portal or Services produce. Client is required to check with its verification agency as to their interpretation or opinion and the verification agency's acceptance of Client's verification file that file Client obtains from BEE123.
Client is responsible for determining whether it is subject to a sector code or charter or other variant scorecard, as determined by applicable law, and which variation of the Services or BEE123 Portal is applicable to Client's business. Client must consult with a verification agency for any guidance required in this regard prior to subscribing. BEE123 will not be liable for any refunds, expenses incurred, losses or damages relating to Client's failure or inability to select the correct or appropriate variation of the Services or BEE123 Portal or related matters.
Client must not regard any advice or opinion BEE123 expresses in delivering the Services or on the BEE123 Portal as professional advice and Clients are advised to seek professional advice before relying on it.
BEE123 will keep informed of the latest developments of applicable laws relating to the Services. In the event of legislative or regulatory changes which, in BEE123's reasonable discretion, requires BEE123 update or amend the BEE123 Portal or Services, BEE123 will use its reasonable endeavours to update the BEE123 Portal or Services within a reasonable period from the date on which such legislative or regulatory change comes into effect. If the change requires extensive updates to the BEE123 Portal or Services or BEE123 requires more than one calendar month to update or amend it, BEE123 will notify Client of its anticipated timeline for completing the updates or amendments.
BEE123 will not be liable for any loss, damage, penalties or harm relating to a delay of the release of such BEE123 Portal or Services update for Client's use.
These terms start whenever Client accepts them by:
• doing so explicitly – such as by agreeing to a proposal that incorporates them by reference;
• using the Services in any way – such as by accessing them; or
• exercising any rights granted to Client under the agreement;
and continue until terminated according to the terms.
If a proposal involves a subscription period, then upon expiry of the then-current subscription period, Client's subscription to the Services will be automatically renewed for a further subscription period at the then-current fees, escalated at the escalation rate.
Either party may terminate the agreement at the end of the expiry of the then-current subscription period by giving the other party at least 60 days prior written notice. Client may not terminate the agreement early during the subscription period.
Client represents and warrants that client (and any person who accepts a proposal):
• possess the legal right, capability, full power, and authority to enter into the agreement; and
• will submit true, accurate and correct information to BEE123.
The parties only conclude a valid and binding agreement when Client accepts the offer BEE123 makes.
The parties conclude any agreement between each other at the date of the last signature of the parties and at the place where BEE123 has its head office.
Each proposal will create a separate agreement. Despite that, BEE123 may consider Client's breach of any one proposal to constitute a breach of any or all agreements.
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