K S Mart Holdings (PTY) Ltd
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| Team Building Durban Policy |
K S Mart Holdings (PTY) Ltd
TeamBuildingKZN.blogspot.com, Shaun.Ksmart@gmail.com, +27761661749, Team Building, 5 Equaleni Estate South Coast KwaZulu-Natal, 4225
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| Team Building Durban Terms and Conditions of Service to Client |
kSmart Team Building Durban Terms and Conditions of Service to Client
These General Terms and Conditions of Service govern Ksmart’s provision of services to you, the client, and shall be read in conjunction with each Invoice, which identifies the services (“Services”) purchased by you. Some of these terms and conditions may not be applicable to you or the purchased Services.
1. Term
The term of the provision of each Service is set forth on the applicable Invoice. These General Terms and Conditions of Service shall remain in effect for so long as Ksmart provides Services pursuant to any Invoice.
2. Fees; Payment
You shall pay Ksmart the fees (“Fees”) listed in the relevant Invoice pursuant to the payment method set forth therein (unless otherwise specified). All undisputed Fees shall be paid net thirty (30) days from the invoice date (unless otherwise specified). You must submit written notice to Ksmart and provide supporting documentation as to any Fees you dispute within thirty (30) days from the date of the invoice. Ksmart shall provide a written response within thirty (30) days of receipt of the notice. Upon resolution, you shall pay any and all outstanding amounts due and owing within five (5) business days of such resolution.
Any payments received that do not include the information necessary to identify the invoice to which the payment is to be applied will be applied at Ksmart’s discretion. Ksmart is not responsible for reconciling such payments against information you may be maintaining separately.
The Fees described herein represent only those fees charged by Ksmart to you. They do not include or cover fees and/or charges that a third party service provider, including Morningside Country Club, may directly charge you for services(ie alcohol beverages from the bar) you receive from such third party. In addition, The venue hire fees and catering fees are directly invoiced to Ksmart from Morningside Country Club, and are third party service providers for Ksmart.
3. Intellectual Property
a. Ownership. Ksmart owns and shall retain all right, title and interest (including, without limitation, all intellectual property rights) in and to all software, web pages, documents, processes, and other information, equipment and materials used in connection with the provision of Services hereunder, including, without limitation, those developed by Ksmart for use by you, participants and beneficiaries (the “Ksmart System”).
b. Grant of License. Ksmart grants you, as well as the participants and beneficiaries, a limited, non-exclusive, non-transferable license to access and use the Ksmart System during the applicable term, solely and exclusively: (i) in accordance with these General Terms and Conditions of Service and any instructions, user guides, and policies made available by Ksmart; and (ii) for the purpose of receiving the Services provided by Ksmart. Without limiting the generality of the foregoing, you shall not, (i) without Ksmart’s prior written consent, disclose or provide access to the Ksmart System to any unauthorized third parties, or (ii) duplicate the Ksmart System (or any associated materials) or use the same in connection with any other benefits program (including your programs)
c. Exclusion. All other rights, license and title in and to the Ksmart System not expressly granted hereunder shall remain the property of Ksmart.
4. Exclusive Warranty
Ksmart warrants that the Services will be performed in accordance with generally accepted industry practices and with reasonable skill and care. THE KSMART SYSTEM AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY FURTHER WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
5. Indemnification
Each party shall indemnify, defend and hold harmless the other party and its officers, directors, shareholders, employees and agents (“Indemnified Parties”) from and against claims and proceedings for actual damages or losses (including legal fees and expenses) arising out of any actual or alleged: (i) breach by such party of its obligations hereunder; (ii) negligence or wilful misconduct of such party or its employees, officers or agents; (iii) failure of such party to comply with applicable law (except, with respect to Ksmart, if such act or omission taken by Ksmart is pursuant to your instructions); or (iv) claims in which one party is named or joined with the other party when such party has not engaged in any wrongful acts. In addition, you shall indemnify, defend and hold harmless Ksmart Indemnified Parties for any act or omission taken by Ksmart pursuant to your instructions. The Indemnified Parties will promptly notify the indemnifying party of any claim. The indemnifying party shall assume and have sole control of the defence of such claim; provided, however, that neither party may settle any claim without the prior written consent of the other party if such settlement exposes the other party to any liability.
6. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS, LOSS OF DATA OR COST OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH ANY AGREEMENT BETWEEN THE PARTIES, THE KSMART SYSTEM OR THE SERVICES PERFORMED THEREUNDER UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, STRICT LIABILITY OR OTHERWISE). IN ADDITION, EXCEPT FOR BREACHES OF CONFIDENTIALITY OR PRIVACY, KSMART SHALL ONLY BE LIABLE TO YOU FOR ANY DIRECT DAMAGES IN AMOUNT EQUAL TO (A) ACTUAL DAMAGES OR (B) THE FEES PAYABLE TO KSMART FOR THE SERVICE(S) GIVING RISE TO THE CLAIM DURING THE MONTH IN WHICH THE EVENT OCCURS, WHICHEVER IS LESS.
