Service Level Agreement

1. Benchmark will maintain the equipment in an efficient operating condition. Benchmark shall not be liable for any loss, including consequential loss arising from delays or the malfunction or failure of the equipment to function from any cause whatsoever. Any repairs or service required by the customer due to misuse or negligence or outside normal working hours and conditions may, at Benchmark’s option be charged to the customer in accordance with Benchmark’s then current service charges and conditions.
2. Benchmark reserves the right to alter the services charges due to unusual or abnormal circumstances e.g. extraordinary exchange rates differences etc. The services charges will never the less still remain at extremely competitive levels.
3. Service Agreement includes per definition the following services from Benchmark and constitutes as the whole to this agreement:
   • On-site Technical Hardware/Software Support for the operating system and network infrastructure.
   • Remote/off-site Technical Software Support for the operating system and network infrastructure.
   • The supply and installation of software/OS version upgrades and patches.
4. All labour (excluding where equipment has been damaged by cause of the client or clients’ infrastructure) are included in the services.
5. This agreement shall continue for an initial period of 12 months and thereafter for an indefinite period subject to the right of either party to terminate the agreement upon not less than 90 days written notice to expire only after the termination of the initial period.
6. The customer agrees to use only approved Benchmark services engineers to inspect the software or equipment covered by this agreement. In the event of the software or equipment covered under this agreement being opened and/or inspected in any way other than by an approved Benchmark representative, Benchmark has the right to immediately cancel all service obligations and this agreement without notice.
7. All charges are payable at the end of the calendar month. Benchmark may summarily and without notice suspend the supply of service and/or repairs until all outstanding amounts due to Benchmark are paid. Service charges will continue to be payable during the suspension.
8. Where applicable the customer agrees to supply Benchmark in a manner determined by Benchmark from time to time with a usage reading of the equipment covered under this agreement.
9. The customer agrees that the equipment covered within this agreement may not be moved unless by an approved Benchmark representative. Accordingly, the customer must advise Benchmark with 30 days by fax to have the equipment under this agreement moved. In the event that the equipment covered under this agreement is moved, Benchmark reserves its rights to cancel this agreement immediately.
10. Benchmark may at its discretion charge for calls as a result of operational duties negligently and/or not being carried out by the customer.
11. The Parties shall hold in confidence all Confidential Information received from each other and not divulge the Confidential Information to any person, including any of its employees, save for employees directly involved with the execution of this Agreement.
12. The monthly fee covers any combination of remote or On-site support that is required. Additional hours are billed at our standard rates.
    • R 250.00 per hour or part thereof (V.A.T. exclusive) on Mondays to Fridays between 08h00 and 17h00.
    • R 300.00 per hour or part thereof (V.A.T. exclusive) on Mondays to Saturdays before 08h00 and after 17h00.
    • R350.00 per hour or part thereof (V.A.T. exclusive) on Sundays and Public Holidays.