TERMS AND CONDITIONS

Akesa Technologies (Pty) Ltd trading as Akesa IT Solutions, (Herein referred to as “Akesa”) provides remote and on-site IT support, technology solutions and consulting services (Herein referred to as “The Services”). The Services provided to the customer, are subject to the following terms and conditions. By confirming an Akesa booking, the customer accepts these Terms and Conditions.

Appointments and Rates:

Akesa will attend the customer’s premises at the prearranged time. The Customer will pay for all Services provided, at the rates quoted.

Working Hours:

Akesa’s normal working hours are Monday through Friday, 08:00 to 17:00. In some cases, subject to previous arrangements being made, The Services will be provided out of the normal working hours. These will include Saturday and/or Sunday and a latest working time of 21:00. An overtime fee will be charged for these additional working hours. Weeknights and Saturdays will be charged at one and a half times the normal hourly rate. (As well as travel reimbursement.) Sundays will be charged at double the normal hourly rate. (As well as travel reimbursement).

Cancellation:

  1. Akesa must be notified of any appointment cancellations, by no later than 2 hours, prior to the appointment. Akesa reserves the right to invoice any customer when cancellation occurs, less than two hours prior to the appointment.
  2. If the Akesa engineer offers a solution that the customer does not wish to use, the customer will be charged for the time spent on site up to this point.
  3. If the technician is prevented from resolving a problem because the customer does not possess the appropriate software disks, drivers, licenses or product serial numbers, the customer will be charged for the time spent up to that point.
  4. If the technician diagnoses a fault with a customer’s Internet Service Provider, even when the ISP denies any fault, the customer will be charged the standard rates for the time spent on site.

Payment:

The customer will pay Akesa the amount invoiced by Akesa. This amount is due to Akesa from the time the invoice is first given or sent to the customer. Akesa will attend the Customer’s premises for the agreed period, by the customer, prior to or at the commencement of the appointment. Akesa will endeavour to diagnose and/or remedy the problem(s) described by the customer, at the commencement of the appointment. If the problems have not been remedied at the end of the first hour of Akesa attendance, Akesa will discuss with the customer the options available. The customer may ask Akesa to continue working on the problem(s), or make a further appointment. The customer may terminate the appointment at any time. On termination, the customer will pay Akesa the amount incurred in respect of additional time, if any, beyond the first hour’s attendance. Payment is to be made by Electronic Fund Transfer, cash or card. Please enquire when booking your job which cards can be used if you intend to pay by card, as not all cards are accepted. In the event of a default or dishonoured cheque or non-payment, Akesa will charge interest at the rate of 1.5 percent per month. The interest will be charged from the date of the invoice up to and including the date payment is made in full.

Liabilities:

  1. Akesa accepts no liability in respect of any problem(s) it is not able to remedy due to any matter beyond its control. Including, but not limited to, the age, specification or condition of the customer’s hardware and or software. As well as a customer’s failure to provide appropriate software disks, drivers, product serial numbers or any fault with the customer’s ISP.
  2. The customer hereby confirms that a full back up of the customer’s hard-drive has been made prior to Akesa commencing The Services. The customer further confirms that there is no legal restriction or impediment to Akesa providing Services to the customer.
  3. Akesa shall, under no circumstances, be liable, either in contract, tort or otherwise for any damage or injury caused to the customer, its employees, agents or any third parties. Including, without limitation, any direct and or indirect or consequential damages, expenses, costs, profits, lost savings, earnings, interruption to business activity, lost or corrupted data or other liability arising out of or related to The Services provided by Akesa or out of installation, de-installation, use of, or inability to use the customer’s computer equipment, hardware, software or peripherals. The customer will, upon demand, indemnify Akesa in respect to loss, damage or injury arising from the provision of The Services. Akesa has no liability to the Customer for data loss or damage incurred in any circumstances whatsoever.

Confidentiality:

Akesa will maintain the confidentiality of the customer’s files and or data. Akesa further undertakes not to provide any customer information to any third party, save in the event that it is lawfully required to do so. Akesa reserves the right to refuse the provision of The Services for any reason. Including, but not limited to, the presence of unlicensed or illegal software and or material of an obscene or pornographic nature on a customer’s computer. If, for such reason, Akesa terminates The Services, the customer shall be liable for any charges incurred in respect to the time spent on site by the Akesa technician.

Goods provided by Akesa:

Akesa may make recommendations to the customer, or the customer may request that a product be provided by Akesa, in order for Akesa to perform The Services. All expressed or implied warranties, descriptions, representatives and conditions as to the quality or compatibility in respect of The Services, any item of software, hardware or peripheral provided by Akesa, are expressly excluded. Akesa has no liability as to the suitability of the performance of The Services. Nor of any product manufactured, sold or supplied by a third party, whether or not that product has been recommended to the customer by Akesa. Any hardware, software or equipment provided to the customer by Akesa shall remain the property of Akesa until full payment is received.

Return Visit and Complaints Policy:

In the event of any dissatisfaction with The Service provided by Akesa, the customer should immediately contact Akesa on 010 593 0527. Akesa will make an appointment for a return visit by the designated technician. The technician will endeavour to rectify the problem. If the cause of the dissatisfaction was due to a matter beyond the control of Akesa, the Customer shall pay for the additional time incurred at Akesa’s normal rates. If the problem arose directly as a result of Akesa’s previous attendance no further charge shall be made.

Fair Use Policy in terms of our Unlimited Remote and Telephonic Support contracts:

Although we are able to provide unlimited remote and telephonic support for each user at the Customer, there is a ‘fair use’ limit of 3 separate tickets per device, per calendar month for unrelated incidents. As an example, if we need to repair the same computer for an ongoing problem or a particular repair is expected to take a long time the support is unlimited (subject to all other conditions), but should a single computer suffer varied unrelated problems the support is limited to three single tickets within a month. This is because numerous unrelated problems on a device are symptomatic of hardware failure and Akesa will make a recommendation to replace or repair subject to warranty terms.

Our Technicians are experienced in removing and dealing with Virus’, Malware and Spyware but given their very nature (and the varying causes of infection), we are unable to provide any extended warranty for onsite or offsite support. Our Technicians will typically perform all the necessary tests to diagnose and remove any infections as best as possible, causing as little disruption to you, your computer and your applications as possible but, given the repair options vary from “do nothing” to “wipe the computer”, the varying repairs can have equally varying results. Additionally, in some instances, Virus’ and Malware programmes are designed to cause as much havoc when removed as when in place, meaning the removal can often leave a computer in a more fragile state than when infected. In these instances, we will continue to provide any support as required but cannot be held responsible for damages caused as a result of any attempted repairs. All Customers should ensure they have a working, reliable backup of all their data and important information before requesting any support, resulting in potentially ‘aggressive’ repair solutions.

The following exclusions are not counted as ‘unlimited’ and will be quoted and invoiced for separately:

  1. Training sessions (planned, groups or anything that requires more than 10 minutes dedicated instruction in total);
  2. New hardware or 3rd party software installations (if a new server, workstation, software rollout or IT system is required a pre-approved quote will be required before any work carried out);
  3. Repeat faults as a direct result of end users ignoring recommendations provided by Akesa;
  4. Faults with 3rd party software which Akesa is not able or authorized to work with;
  5. General misuse by the Customer of the System, Hardware or Software;
  6. Any projects which fall outside of normal maintenance and support, each such project to be quoted and approved by the Customer separately