STANDARD TERMS AND CONDITIONS
VALIDITY & PRICES
The quotation is valid for 7 days from date of receipt, Coligo Group reserves the right to extend the Validity period subject to revised pricing and delivery terms. Pricing can be subject to change based on overseas exchange rates (current pricing will only change when there is a 5% increase or decrease in the Euro To Rand).
PAYMENT
Outright Purchase:
Payment shall be effected on presentation of invoice. Coligo Group reserve the right to claim full compensation for all relevant recovery costs incurred when trying to obtain final payment from their customers.
Third Party Service Providers:
The delay or non-Delivery of 3rd Party does not constitute grounds for non-payment
SERVICE LEVEL AGREEMENT
The client has the option to enter into a Service Level Agreement with Coligo Group to support and maintain the Coligo Software Solution.
Should you wish to cancel the SLA, 3 months prior notice is to be given. Should the SLA not be cancelled timeously it will automatically roll over for another 12 months.
DELIVERY
Delivery, installation and commissioning of the Coligo Software Solution will be according to the scope of work document and project plan agreed to by both parties.
INSTALLATION
Installation is included in the quotation within a pre-defined time allocation, any deviation of the quoted installation time where additional time is required due to delays caused by the client or the clients suppliers will be for the clients account and billed at our standard adhoc rate of R750 p/h. Delivery and commissioning will be affected 2-4 weeks from date of financial approval (which at the time of signature has already been done) and availability of required stock items, if applicable. Should the client require installation prior to our standard delivery times this must be requested and approved by your Coligo Group representative. Installation charges are based on the assumption that installation work will proceed without interruption and during normal working hours. Any delays or lost time occasioned by unreasonable interruptions, caused by the client or the client’s suppliers, will be for the client’s account. In this regard, where installations fall outside of Coligo Group will endeavour to accommodate after hour installs but cannot guarantee their availability. Delays or lost time occasioned by unreasonable interruptions, caused by Coligo Group or Coligo
Group suppliers, will be at Coligo Group expense. Coligo Group cannot be held responsible should any client 3rd party supplier be unable to supply any of their services.
During connection of the client’s solution, you will experience a short interruption of service. Coligo Group and the client will work together to select an appropriate date and time for this operation with the aim of minimising the impact of such interruption of the client’s business.
Prior to installation, the Customer must ensure the following requirements have been met and the information provided to Coligo
Group:
• A site audit meeting (if applicable) or a teleconference technical discussion attended by the client’s technical resource.
• A completed Request for Information (RFI) document, emailed on financial authorization and presented during the technical site audit / teleconference.
• A suitable network environment with all required network dependencies for the Coligo Group solution to function at an optimal level
• A secure remote access ability for Coligo Group to effect any adds, moves or changes post install.
Should there be any queries with an area of the installation, these should be discussed with the appointed Coligo Group project manager.
UPGRADES AND ANNUAL MAINTENANCE
Where annual maintenance fees are required for products supplied by Coligo Group as per the indicated cost on the Coligo Group invoice. These fees are paid to the product manufacturer for software updates, including but not limited too; critical bug fixes, security patches and other patches deemed to be necessary for proper system operation as well as feature upgrades and enhancements. Should this not be renewed, the client will not have the ability to update to any version later than the last renewal date and in the event of late renewals, back payments for late fees will apply. Clients with active Service Level Agreement (SLA) with Coligo Group are eligible to receive regular updates to the software in terms of the labour to carry out these updates as part of this SLA. Clients that have chosen not to obtain an SLA will be liable for labour costs where Coligo Group carries out these updates. The client must inform Coligo Group on their preferred upgrade intervals, being quarterly, bi-annually or annually. In the event that a required new feature, enhancement or critical update is released these updates will be performed with the client’s permission outside of the scheduled periods.
Update Period Required:
Annual [_] Bi-annual [_] Quarterly [_]
CANCELLATION
Notice of Cancellation of order, must be in writing and addressed to Coligo Group and the client will be liable for fees already incurred under the invoice as evidenced by Coligo Group.
TRAINING
User training where the users are trained on the provided handset device or soft phone will cover the day to day use of said device. The User training will take place on the last day of installation unless otherwise agreed between both parties.
Administrator training will take place on an agreed date at the Coligo Group office to reduce any disruption of the trainee that may occur at the installation site unless otherwise agreed. This training will cover administration, configuration, report generation and will aim to give the trainee the ability to do basic support on the Coligo Group system.
DAMAGES
Notwithstanding anything herein to the contrary, Neither party will be liable for any consequential losses including loss of profits nor any other claims not specifically provided for in this contractual document
NETWORK
Given the complexity of a Voice Over IP/SIP telephony deployment, the client must ensure that the infrastructure on which the telephony solution is to be installed, is capable of handling voice services. This includes the correct infrastructure (switches, routers, data/voice lines, cables) and configuration of Quality of Service and VLANS to aid the Voice Over IP/SIP devices. The success of the telephony deployment is contingent upon the infrastructure. Coligo Group will not be held liable for defective or badly configured network infrastructure.
SECURITY AND DATA
Coligo Group accepts no responsibility or liability for costs incurred due to lost, missing, or corrupted data caused by viruses, malware, unauthorized user activity (hacking), fraud, hardware malfunction etc. Coligo Group solutions should at all times remain behind the client’s firewall(s) and it is the sole responsibility of the client to ensure that their network is effectively secured. Coligo Group will activate security features on all products where possible and from time to time advise the client should any security risk be apparent. Coligo Group agrees to notify the client immediately in the event of any data breach.
GENERAL
Coligo Group shall not be responsible for any loss or damage (actual or consequential) however caused to the property or person of the client or any third party. The client hereby indemnifies Coligo Group against any claim arising from the equipment or service rendered or use of the equipment which may be made by any other person against Coligo Group, except where such loss or damage was caused by negligence or misconduct of Coligo Group or it’s representatives.
The signatory/ies in the case of a registered company must be empowered as being duly authorized to sign the purchase order documents by means of a signed resolution of the board of directors of the company.
The terms and conditions contained herein constitute the entire agreement between the parties and no amendment or variation or consensual cancellation shall be of any force and effect unless reduced to writing and signed by both the client and Coligo Group.
The client hereby consents to the jurisdiction of the South African courts, in respect of all amounts. This Agreement shall be construed, and the legal relations between the Parties determined, in accordance with the laws of South Africa.
Both parties on the schedule hereto shall be the domicilium citandi et executandi for all purposes under this contract.
WHATSAPP TERMS AND CONDITIONS
The first 1000 conversations per month are free-of-charge. After this, the charges levied by WhatsApp for conversations are based on the user’s phone number. Rates for business-initiated conversations and user-initiated conversations vary by market (country or region). This is billed by WhatsApp to us in EURO regardless of which country you are based in. We will therefore use the market exchange rate on the 1st of each month to bill you these costs in your local currency, so you continue to receive one bill in your local currency.
Coligo Group continues to offer access to a WhatsApp free-of-charge for your first WhatsApp Channel – we do not charge platform access or messaging fees. The only fees you will be billed for are the exact charges levied by WhatsApp converted into your local current
HOW IT WORKS
WhatsApp Business API conversations fall into two categories that are priced differently:
• User-initiated, like customer care and general support inquiries.
• Business-initiated, like post-purchase notifications.
All conversations are measured in 24-hour increments, or “sessions”, that start whenever the first message from a business is delivered. The first message can be initiated by the business (business-initiated) or a business reply within 24 hours of a user message (user-initiated). A user is defined as the person or entity with whom the business is messaging.
Charges for conversations are based on the user’s phone number. Rates for business-initiated conversations and user-initiated conversations vary by market (country or region). See Rates for specific pricing information.
FRESS TIER CONVERSATIONS
The first 1,000 conversations each month will be free, so your business can start to build experiences your customers will love before having to pay. Each WABA gets 1,000 free tier conversations. Free tier conversations can be business-initiated or user-initiated.
RATES
WhatsApp is free-of-charge for your first WhatsApp Channel – we do not charge platform access or messaging fees. The only fees you will be billed for are the exact charges levied by WhatsApp converted into your local currency
Market
Business-Initiated Rate
User-Initiated Rate
South Africa
$ 0.0280
$ 0.0168