Terms and Conditions - Cranswick Computing

CRANSWICK’s TERMS AND CONDITIONS OF USE OF THIS WEBSITE

General Terms & Conditions

Quoted values are exclusive of VAT and valid for 7 days from date of quotation.
Work will only be commenced after an official purchase order is received
Hardware and third party product pricing is subject to change without prior notice due to fluctuations in Rate of Exchange.
Payment for hardware is strictly COD.
All work will be done during normal working hours.
Pricing excludes any extra unmentioned hardware infrastructure or software licenses required.
Installation, travel, board, on-site training and assistance will be charged on a time and material basis at our normal charge out rates unless otherwise stipulated.
Carry in warranty to supplier on hardware claims and any further delivery costs may be charged for as well as a quote rejection fee if goods are out of warranty.
A handling fee may be charged on any hardware/equipment order cancellation.
15% Annual Licence Fee on WMS and LCT.
Any SYSPRO Source Code purchases and/or Business Objects will be for the client’s account.
System testing and sign-off must happen within one month of loading the system at the client. Failing which, the system will be deemed signed off by the client.
Cranswick does not take any responsible for failure to interpret e. Net/SYSPRO business object rules or capabilities and is not liable for any e.Net/SYSPRO pricing of any object/module whatsoever.
The price of custom development is based on the scope a signed specification. If the scope change is not explicitly discussed then work will be charged out at our normal charge out hours based on time and material.
Cranswick Computing retains ownership of any custom developed software.
All sundry fees are due on presentation of statement.
Errors and Omissions excluded (EOE).

Other Terms & Conditions

CRANSWICK permits use of this website subject to the terms and conditions below (“the terms and conditions”). By using this website in any way, you are deemed to have accepted all the terms and conditions unconditionally.

You must not use this website if you do not agree to the terms and conditions. It should be noted that the use of different parts of this website might be subject to different terms and conditions as indicated on that part of the website. Different services offered by CRANSWICK may also be subject to further terms and conditions and your use of these services will be subject to the terms and conditions governing the relevant services.

The material contained on this website is for information only and does not constitute advice or a recommendation of any nature. To the extent that information displayed on this website relates to the services or prices of any courier or costs related to any services, you acknowledge that this information may not be accurate or complete. Any views or statements made or expressed on this website are not necessarily the views of CRANSWICK, its trustees, subsidiaries, affiliates, employees, service providers and/or agents. Any of the information, services or products on this website may be changed by CRANSWICK without notice.

ALLOWED USE AND RESTRICTIONS

1. You are allowed to view, download and print the content of our website provided that such content is used for your lawful personal and non-commercial purposes only.

2. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information, software products or services obtained from our website.

3. No part of a web page may be permanently copied or reproduced on any other website or otherwise redistributed.

4. You must obtain permission from CRANSWICK before you provide links to our website. Permission can be obtained by sending an email to webmaster@CRANSWICK.co.za. You must discontinue your link if so asked by us for any reason.

5. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

6. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

7. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CRANSWICK’S express written consent.

8. Whilst every effort is made to update the information that appears on our website regularly and to offer the most current, correct and clearly expressed information possible, we cannot be held responsible for any inaccuracies, errors, omissions or misinterpretations. You acknowledge that you use the information that appears on our website at your own risk and on an “as is” and “as available” basis.

9. CRANSWICK does not make any warranties or representations that our website or the services provided by the website will be available at all times or that you will be able to access websites linked to our website at all times. All warranties, whether express, implied or statutory, are expressly excluded including but without being limited to warranties of non-infringement of third party rights and merchantability and fitness for a particular purpose.

10. CRANSWICK, its officers and/or its employees do not accept or take any responsibility whatsoever for any loss, whether direct, indirect or consequential, which may arise from reliance on information contained on this website and actions or transactions resulting therefrom or from your access to or use of the services or software products provided on this website. Any liability that would or could arise because of the contents of this website is hereby excluded to the fullest extent allowed by law.

11. For your convenience, we may make available tools and utilities for your use and/or access to the information on or made available through our website. We do not make any representations with regard to the accuracy of the results or output that you derive from the use of any such tools and utilities.

12. We have no obligation to monitor information that may be posted on any of our web pages by third parties; however, we do reserve the right to review such information and to remove such information, in our sole discretion.

13. You may not use this website to obtain or distribute:

Copyrighted or protected material without the permission of the owner of the copyright in such material; or
Material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with or jeopardize the operation or content of a computer system or hardware or software; or
Material which is defamatory, offensive, unlawful or contains hate speech; or
Unsolicited e-mail; or
Bulk e-mail, whether solicited or unsolicited.
You must not interfere with or jeopardize the functionality or the operation or the content of any part of this website or attempt to interfere with or jeopardize the functionality or operation of any part of this Website.
You are strictly prohibited from using this website for “spoofing”, “flaming”, “hacking”, “cracking” or “spamming”. You may not intercept any information transmitted to or from CRANSWICK or this website. You must respect other users of this website at all times

PRIVACY STATEMENT

We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Any information that you provide to CRANSWICK, whether on any forms you complete or through this website, and any information which CRANSWICK has about you, will be regarded by CRANSWICK as personal information and, subject to the terms and conditions, will be treated as confidential.

CRANSWICK may collect and analyse your personal information. CRANSWICK will also use your personal information in the ordinary course of its business and for promotions and marketing.

CRANSWICK will not sell, rent or provide your personal information to unauthorised entities or to third parties for their independent use without your consent. CRANSWICK may, however, share your personal information with its affiliates, business partners and subsidiaries. If CRANSWICK does pass your personal information on to its affiliates, business partners and subsidiaries, it will make them aware of the provisions of this privacy policy.

CRANSWICK will release your personal information to a party if it believes that it is required by law or by a court to do so. CRANSWICK will also disclose your personal information if it believes that this is necessary to prevent or lessen any unlawful or harmful actions.

If you ever want to update or correct any of your personal information held by CRANSWICK, kindly use the “contact us” option and send us the details. We will confirm any changes you have requested by e-mail.

If you disclose any personal information to a third party, such as one of CRANSWICK affiliates or an entity which operates a website linked to this website or anyone other than CRANSWICK you must be aware that CRANSWICK does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

BREACH

You acknowledge that if you breach any of these terms and conditions, you will be liable to us and/or third parties for all damages and loss that are caused by your breach.

DISPUTES

These terms and conditions shall be governed by and construed in accordance with the Laws of the Republic of South Africa and any disputes arising therefrom shall be exclusively subject to the jurisdiction of the Republic of South Africa.

ENTIRE AGREEMENT AND SEVERABILITY

If there is any provision in these terms and conditions that are unenforceable or invalid for any reason, then such provision will be severable from the remaining terms and conditions and will in no way affect the enforceability and validity of the remaining terms and conditions.

DISCLAIMER

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

Any person who accesses this website or relies on this website or on the information contained in this Website does so at their own risk.

Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

PAYMENT

All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing SA Reserve Bank rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Consequently, all projects or agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

AVAILABILITY

Unless otherwise stated, the services featured on this website are only available within South Africa, or in relation to postings from South Africa. All advertising is intended solely for the South African market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

LOG FILES

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

COOKIES

Like most interactive websites, this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

LINKS TO THIS WEBSITE

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

LINKS FROM THIS WEBSITE

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

COPYRIGHT NOTICE

The contents of this website, including any software, icons, text, links, graphics, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of CRANSWICK and/or third parties. Any unauthorised use of the contents, information or materials on this website is prohibited.

FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

WAIVER

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

CHANGES TO THESE TERMS AND CONDITIONS

We expressly reserve the right to change these terms and conditions, change the content and/or services available from our website, discontinue any aspect of our website or services available from the website or change the software and hardware required to access and use our website. You are required to regularly access our website to keep yourself advised of these changes. . If you use this website after such updated or amended terms and conditions have been displayed on this website, you will be deemed to have accepted such updates or amendments.

LIMITATION OF LIABILITY

CRANSWICK, its trustees, affiliates, subsidiaries, employees, service providers and agents shall in no way be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the use of, or reliance upon, any material or content contained in the website or any linked websites, even if CRANSWICK has been advised of the possibility of such loss, expense, claim or damages. You hereby indemnify CRANSWICK against any loss, claim or damage, which may be suffered by yourself or any third party arising in any way from your use of this website or the receipt by you of an electronic mail from CRANSWICK.

TERMINATION

CRANSWICK may at its sole discretion terminate, suspend and modify this website and/or your use of this website, with or without notice to you. You agree that CRANSWICK will not be liable to you in the event that it chooses to suspend, modify or terminate this website or your use of this website.