02 Contract Template

Document Sample
scope of work template
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     Contract Template
 Co-operative Support Agreements

We have established cooperative support agreements with all our vendors to provide
seamless support processes to customers with multivendor products. These
agreements provide designated contacts at the vendors for support engineers. These
contacts will expedite your problem or raise its priority within their support




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organisation. You must have a valid support contract with all vendors involved to take
advantage of this feature.




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Sybase SA Support Desk (Johannesburg):                Sybase SA Support Desk (Cape Town):
support@sybase.co.za                                  helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1111 during office hours (GMT +2)    Tel +27 (21) 657 1600 during office hours
(GMT +2)
082 881 3489 after hours for Sybase P1 cases only     083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
                                              CONTRACT NO.: SYBJHB______



       SOFTWARE SUPPORT AGREEMENT


       ENTERED INTO BY AND BETWEEN :-


       SYBASE SOUTH AFRICA (PTY) LIMITED

           Registration No.: 1991/002268/07
           (hereinafter referred to as “Sybase”)




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        21 Woodlands Drive, Country Club Estate
                 Building 1, Woodmead




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                   Tel: (011) 804-3740



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      _____________________________________

Registration / Identity No.: _________________________
        (hereinafter referred to as “the customer”)
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   _________________________________________
   _________________________________________
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   _________________________________________
   _________________________________________



           (jointly referred to as “the parties”)
1.       DEFINITIONS


         1.1.      In this agreement, unless the context otherwise requires, the following words
                   and expressions will have the meanings assigned to them hereunder:-


                   1.1.1. “agreement” means this software support agreement together with all
                             schedules hereto, which will be initialed by the parties for purposes of
                             identification;




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                   1.1.2. “effective date” means the date on which the customer acquired the




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                             licenses in respect of the products from Sybase or such other date as
                             agreed by Sybase and the customer;




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                   1.1.3. “product licensor” means the party/ies that own/s all rights, including
                             intellectual property rights, in and to each product;
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                   1.1.4. “the product/s” means the machine readable object code of the
                             software programs to which the support services will apply, which are
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                             listed and described in schedule 1 hereto;

                   1.1.5. “supported software” means the software and related quantities
                             covered under the current maintenance renewal period as per
                             described in schedule 1.
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                   1.1.6. “Named Contacts” means the persons designated in writing by the
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                             customer to communicate with Sybase support engineers in respect of
                             the support services. The Named Contacts may be changed by the
                             customer furnishing written notice to Sybase;
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                   1.1.7. “renewal date” means the annual anniversary date of the effective
                             date;


                   1.1.8. “support services” means the services, described in clause 2 hereto,
                             rendered in respect of each product that is described in schedule 1
                             hereto, which services will be provided by Sybase to the customer in
                             terms of this agreement.


Sybase SA Support Desk (Johannesburg):               Sybase SA Support Desk (Cape Town):                  4
helpdesk@sybase.co.za                                helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)   Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only    083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
                   1.1.9. “third party software” any software or application developed by any
                             other company outside of Sybase Inc.


         1.2.      Unless a contrary intention clearly appears :-

                   1.2.1. Words importing natural persons will include a reference to bodies
                             corporate and other legal personae, a reference to any gender




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                             includes references to the other genders and words importing the
                             singular will include a reference to the plural and vice versa;




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                   1.2.2. A reference to any party will include that party’s successors and lawful
                             assigns;




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                   1.2.3. The captions and headings in this agreement are for reference
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                             purpose only and will not affect the interpretation thereof.


2.       SUPPORT SERVICES
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         2.1.      The customer will nominate four Named Contacts who will have telephonic
                   access to Sybase’s technical support engineers at its South African support
                   centre during its normal business hours, from 8h30 to 17h00 Monday to
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                   Friday, for the provision of assistance in the installation or use of the
                   products, reporting product problems and basic advice on upgrades of the
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                   products and the impact of the upgrading or modification of the customer’s
                   operating systems on the products.
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         2.2.      Sybase will allocate the customer’s service needs in accordance with the
                   following priority schedule :-


                   2.2.1. P1           -        The product is not operational in that the customer’s
                             business that is dependent on the product is halted or the
                             performance of the product is severely impacting on the customer’s
                             business. Sybase will respond to the customer’s call within 1 hour;



Sybase SA Support Desk (Johannesburg):                 Sybase SA Support Desk (Cape Town):                  5
helpdesk@sybase.co.za                                  helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)     Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only      083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
                   2.2.2. P2           -        The product is operational but its functionality is
                             seriously affected.        There may be a temporary solution but
                             implementing the temporary solution will be time consuming and will
                             adversely affect that part of the customer’s business dependent on the
                             product. Sybase will respond to the customer’s call within 2 hours;


                   2.2.3. P3           -        The product is operational but the customer’s business
                             has been adversely affected.              The customer’s business that is




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                             dependent on the product can continue for a reasonable amount of
                             time before the problem becomes critical. A temporary solution is




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                             available and is acceptable to the customer. Sybase will respond to
                             the customer’s call within 4 hours;




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                   2.2.4. P4           -        The product is operational and the customer wants to
                             submit an enhancement request or has queries or requires further
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                             information regarding the product. Sybase will respond to the
                             customer’s call within 4 hours.
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                   After responding to the call within the allocated response time and gathering
                   additional information if requested, Sybase will develop and communicate a
                   plan for addressing the support request which may involve the providing of a
                   fix, developing a workaround, or providing an alternative solution.
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         2.3.      Named Contacts will contact Sybase’s support centre when a product fails to
                   function as described in the user documentation and will, if requested by
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                   Sybase, provide product problem descriptions in a detailed form. The
                   information provided by the Named Contacts regarding the product problem
                   will determine which priority level the call will be allocated to.
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         2.4.      Named Contacts will provide reasonable assistance to Sybase in verifying,
                   replicating and/or correcting product problems which may include providing
                   Sybase with remote and/or physical access to the customer’s computer
                   system. Remote access will include, but not be limited to, modem access or
                   access via internet connection. Sybase will determine if and when on-site
                   support is necessary.


Sybase SA Support Desk (Johannesburg):                 Sybase SA Support Desk (Cape Town):                  6
helpdesk@sybase.co.za                                  helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)     Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only      083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
         2.5.      Sybase will investigate and use commercially reasonable efforts to resolve
                   product problems reported by Named Contacts. Product problem resolution
                   may include, but is not limited to, an explanation or clarification of the
                   functional operation of the products, suggested alternative uses of the
                   product, a temporary method of circumventing the product problem or a
                   recommendation of the installation of a maintenance release which corrects
                   the product problem.




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         2.6.      Sybase will use reasonable efforts to provide timeous resolutions to product
                   problems.




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         2.7.      When requested by the customer, and if they are made generally
                   commercially available in South Africa by the product licensor, Sybase will




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                   provide the customer with one copy of each product release, maintenance
                   release and/or rapid release. In no event will Sybase or the product licensor
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                   be responsible for the compatibility of any rapid release, product release or
                   maintenance release with any previous version or release of any modified
                   product.
                                               SA

         2.8.      Should Sybase determine that the customer’s service needs fall outside the
                   scope of the support services outlined in this clause, then such services will
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                   constitute additional software services described in clause 8 below. Prior to
                   proceeding with a chargeable service, Sybase and the customer will agree on
                   the service to be provided and the fee that will be charged in respect of that
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                   service.


3.       SOFTWARE SERVICES – PROGRAM REVISIONS
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         3.1       Deliverables: Sybase will provide the following updates and improvements to
         the Supported Software, as they are made generally available to Sybase customers
         on support plans that include these services. When deploying such updates and
         improvements, the Customer will maintain all software, hardware, and network
         equipment in the configuration recommended by Sybase or by the appropriate
         equipment vendor.



Sybase SA Support Desk (Johannesburg):               Sybase SA Support Desk (Cape Town):                  7
helpdesk@sybase.co.za                                helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)   Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only    083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
                   3.1.1. Maintenance Releases. Sybase will provide bug fixes or workaround
                   solutions to correct, to the extent reasonably possible, any defects in the
                   Supported Software, which cause the Supported Software not to operate in
                   accordance with the Supported Software published end user documentation.
                   Sybase reserves the right to make corrections or fixes only to the current or
                   immediately preceding version of the Supported Software.


                   3.1.2. Updates. Sybase will provide Updates to the Supported Software,




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                   which Sybase designates as "internal improvements". The term "Updates"
                   will mean any program, any part thereof, or any materials not included in the




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                   software at the time of initial license, which modify or improve the existing
                   functions of the software programs.                Updates do not include any new
                   modules which Sybase designates as software products and for which it




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                   charges a separate fee or any new software products which Sybase
                   designates by a different product name. Updates are subject to any new or
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                   additional product specific license terms, which accompany the program.


         3.2       Delivery Method:              Sybase will provide the revisions described under
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         Schedule 1 to the customer upon request, by either shipment or electronic
         distribution. If such requested revisions are shipped to Customer, shipping and
         handling fees will apply.
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         3.3       Limitations:


                   3.3.1. New Operating Systems. Sybase does not have an obligation to
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                   modify the Supported Software to run with new versions of the Operating
                   System.
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                   3.3.2. Patching. Sybase does not recommend patching as a method of
                   resolving database corruption as patching poses risks to data integrity.
                   Nevertheless, Sybase understands that there are circumstances where
                   patching may still be requested by the Customer. Under these circumstances
                   for patching to be attempted, Customer assumes the risk of patching. Sybase
                   will not be liable for any loss or corruption of data. Any attempt by Sybase to
                   perform a patch is without warranty of any kind. The following restrictions
                   apply:

Sybase SA Support Desk (Johannesburg):                 Sybase SA Support Desk (Cape Town):                  8
helpdesk@sybase.co.za                                  helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)     Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only      083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
                             × The Customer must grant Sybase Technical Support exclusive
                                  access to the database server.
                             × Any tools used by Sybase personnel are the property of Sybase
                                  and are not intended for use by Customers.


The patching techniques used by Sybase personnel will not be used by Customer unless
specifically instructed to do so by a representative of Sybase Technical Support.




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4.       CONDITIONS




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         4.1.      The support services are subject to the following conditions:-




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                   4.1.1. The customer must have paid in full all support services fees;

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                   4.1.2. Sybase will not provide support services with respect to restoration of
                             lost data, third party software or applications being used in conjunction
                             with the products or derivative works. Sybase has no obligation to
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                             assist the customer to develop or debug applications which use the
                             products;


                   4.1.3. Sybase will not render support services in respect of computer
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                             hacking, security breaches, or illegal or unauthorised access to
                             software products, servers or computer systems;
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                   4.1.4. Subject to the product licensor’s “product retirement” policy, Sybase
                             will only render support services in respect of the present version and
                             the immediately preceding version of a particular product, unless
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                             otherwise agreed in writing;


                   4.1.5. Sybase will not be liable for any delay caused by force majeure, or
                             any cause beyond Sybase’s reasonable control. Any agreed response
                             time will be subject to reasonable extension in the event of such a
                             delay;




Sybase SA Support Desk (Johannesburg):               Sybase SA Support Desk (Cape Town):                  9
helpdesk@sybase.co.za                                helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)   Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only    083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
                   4.1.6. No attempt is made, other than by Sybase, to remove or repair any
                             defects or deal with any errors in the products;


                   4.1.7. Sybase will not provide support services with respect to any products
                             altered or modified by the customer or unqualified third parties acting
                             without instructions from Sybase. Sybase or the product licensor will
                             carry out any and all development, enhancement or modification of
                             the products;




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                   4.1.8. Sybase will not provide support services with respect to products not




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                             operated on operating environments certified by Sybase or in a
                             manner inconsistent with the user documentation or license use
                             terms;




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                   4.1.9. Sybase will only offer support services if the customer’s hardware and
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                             operating system are the subject of a separate hardware and software
                             maintenance agreement with the manufacturer/s and/or licensed
                             suppliers of such hardware and software. Where, in the reasonable
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                             opinion of Sybase, the customer’s computer or operating system is
                             the cause of the product’s failure to operate, Sybase will not be
                             required to provide the customer with support services until the
                             customer’s computer system has been repaired;
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                   4.1.10. No modifications, including without limitation, additions or changes to
                             hardware, operating system, compilers or co-resident software, will be
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                             made to the customer’s computer and operating system if such
                             modifications do not accord with the minimum requirements specified
                             in the user documentation provided with the products or without the
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                             customer first obtaining Sybase’s advice as to whether the products
                             will be compatible with such modifications.


         4.2.      In the event that it is found that liability does attach to the conduct of Sybase,
                   its employees, its representatives or contractors, such liability in respect of
                   damages, costs, fees and expenses capable of being awarded to the
                   customer or any other party will be limited to Sybase’s support fee paid or
                   payable by the customer for the product or service, the particular renewal

Sybase SA Support Desk (Johannesburg):               Sybase SA Support Desk (Cape Town):                  10
helpdesk@sybase.co.za                                helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)   Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only    083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
                   period and that part of the customer’s system on which the specific product
                   was operated to which the claim relates.


         4.3.      No action, regardless of form, arising out of the transactions under this
                   agreement may be brought by the customer more than one year after the
                   events which gave rise to the cause of action occurred.


         4.4.      Nothing in this agreement will be construed as transferring any title in and to




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                   the products, including updates, modifications, corrections or enhancements.




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5.       THE CUSTOMER’S RESPONSIBILITIES


         The customer undertakes to :-




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         5.1.      Use the products in accordance with the operating instructions recorded in
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                   the manuals and user documentation supplied on the purchase of the
                   products;
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         5.2.      Ensure that the software licenses relating to the use of the products are
                   renewed throughout the term of this agreement and that the products are
                   used only as permitted by the terms and provisions of such licenses. In this
                   regard, once the customer acquires the latest update of a product, the
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                   customer may continue to use the licenses for the previous version of the
                   product or may replace some or all of the copies of the previous versions of
                   the product with the latest update. In any event, at any moment in time, the
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                   cumulative total number of licenses (previous version and latest update
                   combined) installed and in use may not exceed the cumulative number of
                   licenses purchased by the customer;
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         5.3.      Designate and train Named Contacts who will ordinarily be the sole contact
                   with Sybase. The Customer will ensure that the Named Contacts are familiar
                   with its operating environment and the use of the products;


         5.4.      Install the product and any updates;




Sybase SA Support Desk (Johannesburg):               Sybase SA Support Desk (Cape Town):                  11
helpdesk@sybase.co.za                                helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)   Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only    083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
         5.5.      Ensure that only properly trained employees operate or use the products in
                   accordance with the operating instructions and user documentation supplied
                   with the products;


         5.6.      Notify Sybase promptly of any product malfunction, programming error or
                   other problem in accordance with procedures furnished by Sybase including
                   providing sufficient information as reasonably requested by Sybase to
                   identify, reproduce and analyse the reported problem;




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         5.7.      Control the environmental conditions of the computer system on which the




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                   products are run in accordance with the specifications received from the
                   hardware vendor;




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         5.8.      Regularly carry out all necessary back up procedures to ensure that data
                   integrity can be maintained in the event of loss or corruption of data for any
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                   reason. The customer hereby agrees that Sybase will not be liable in any
                   circumstances for any lost or corrupted data, files or programs or for any
                   consequences arising there from;
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         5.9.      Maintain whatever systems and procedures are necessary in order to protect
                   the confidential and proprietary information contained on its database and to
                   only disclose such information to Sybase as is necessary to allow Sybase to
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                   render the support services in terms of this agreement;


         5.10.     Provide Sybase with access to and use of the customer’s information and
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                   facilities reasonably necessary to enable Sybase to render its support
                   services in terms of this agreement;
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         5.11.     Provide Sybase’s personnel with access to a telephone and internet access
                   on the customer’s site which can be utilised in the rendering of support
                   services and the costs of such calls and internet usage will be for the
                   customer’s account.




Sybase SA Support Desk (Johannesburg):               Sybase SA Support Desk (Cape Town):                  12
helpdesk@sybase.co.za                                helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)   Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only    083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
6.       PAYMENT


         6.1.      The fees payable by the customer to Sybase for the support services will be
                   Sybase’s ruling support fees at the effective date and at each renewal date.


         6.2.      Payment of Sybase’s fees must be effected by the customer annually in
                   advance on or before the effective date and renewal date.




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         6.3.      The customer will be liable to pay interest in respect of amounts not paid on
                   due date at prime rate + 2% as published by the Standard Bank of South




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                   Africa as at the due date.




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         6.4.      In addition to the above, if the customer fails to pay Sybase’s fees in
                   accordance with the provisions of this agreement Sybase will be entitled,
                   without prejudice to its rights in terms of this agreement and in terms of law,
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                   to:-


                   6.4.1. immediately suspend the support services until the customer pays the
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                             total outstanding fees together with any interest that has accrued
                             thereon. The suspension of support services in terms of this clause
                             will not effect the term of this agreement and the customer
                             acknowledges that it will not have any claims of whatever nature
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                             against Sybase in respect of the suspension of the support services;
                             or
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                   6.4.2. cancel this agreement and claim any damages that it may have
                             suffered.
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7.       TERM AND CANCELLATION


         7.1.      This agreement will commence on the effective date and remain of full force
                   and effect for an initial period of twelve months and thereafter will
                   automatically renew for further periods of twelve consecutive months on each
                   renewal date, mutatis mutandis on the same terms and conditions herein set
                   forth, unless terminated in terms of the provisions of this agreement.


Sybase SA Support Desk (Johannesburg):               Sybase SA Support Desk (Cape Town):                  13
helpdesk@sybase.co.za                                helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)   Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only    083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
         7.2.      The customer will be entitled to cancel this agreement by furnishing Sybase
                   with 60 (sixty) days written notice of cancellation prior to the following renewal
                   date. Such notice will result in the agreement terminating on the following
                   renewal date.


         7.3.      In the event that the customer cancels this agreement and at a later stage
                   wishes to contract with Sybase to provide further support services in respect




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                   of the products, the customer will be liable for payment of all fees that would
                   have been payable from date of the customer’s cancellation to the date of




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                   conclusion of a further contract with Sybase.


8.       ADDITIONAL SOFTWARE SERVICES




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         The following services fall outside the scope of support services provided in terms of
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         this agreement and as such are excluded from this agreement. Sybase will offer the
         customer the following services at an additional charge based on Sybase’s current
         rates at the time and on such other terms as the parties may agree:-
                                               SA

         8.1.      On-site services at the customer’s premises;


         8.2.      Performing product upgrades;
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         8.3.      Performing system and application migrations and integrations;
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         8.4.      Project management and system development;


         8.5.      Performance monitoring of the products;
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         8.6.      Recommendations on tuning or carrying out of tuning on the products in order
                   to facilitate optimal performance of the products;


         8.7.      Setting up and testing disaster recovery procedures;


         8.8.      Setting up, automating and performing database administration procedures;



Sybase SA Support Desk (Johannesburg):               Sybase SA Support Desk (Cape Town):                  14
helpdesk@sybase.co.za                                helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)   Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only    083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
         8.9.      Maintenance and support of specific applications;


         8.10.     Consulting on application development.


9.       CESSION


         Sybase will be entitled to cede, transfer and assign its rights and obligations in terms
         of this agreement to a third party without requiring the prior consent of the customer




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         to such cession. The third party will be bound by the terms and conditions of this
         agreement mutatis mutandis. Sybase undertakes to notify the customer in writing of




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         such cession.


10.      APPLICABLE LAW AND JURISDICTION




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         10.1.     This agreement will be construed in accordance with, and governed by, the
                   laws of the Republic of South Africa.
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         10.2.     The parties consent to the jurisdiction of the Magistrate’s Court of the
                                               SA

                   Republic of South Africa, irrespective of the value or nature of the claim.
                   However, nothing herein will preclude either party from instituting proceedings
                   in the High Court of the Republic of South Africa.
                                   se



         10.3.     Sybase, in its sole discretion, may elect to refer any dispute arising from this
                   agreement to arbitration, in which event an arbitrator will be appointed by the
                   Arbitration Foundation of Southern Africa and the rules of such foundation will
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                   govern the arbitration proceedings.


11.      DOMICILIUM CITANDI ET EXECUTANDI
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         11.1.     The parties choose as their domicilium citandi et executandi for all purposes
                   arising from or in connection with this agreement as the addresses indicated
                   on the first page of this agreement.


         11.2.     The parties will be entitled to amend such address by furnishing the other
                   party with 15 (fifteen) days written notification thereof.



Sybase SA Support Desk (Johannesburg):               Sybase SA Support Desk (Cape Town):                  15
helpdesk@sybase.co.za                                helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)   Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only    083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
         11.3.     Any notice to be given by any of the parties to the other will be:-


                   11.3.1. Deemed to have been received within 5 (five) days after the posting
                             thereof by prepaid registered post; or


                   11.3.2. Deemed to be received on the date upon which it was in fact delivered
                             by hand.




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12.      SEVERABILITY




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         Each of the provisions of this agreement will be considered as separate terms and
         conditions and in the event that this agreement is affected by any legislation or any
         amendment thereto, or if the provisions herein contained are by virtue of that




                                                                  ty
         legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then
         any such provision will be ineffective only to the extent of the illegality, invalidity,
                                                         (P
         prohibition or unenforceability and each of the remaining provisions hereof will
         remain in full force and effect as if the illegal, invalid, prohibited or unenforceable
         provision was not a part hereof.
                                               SA

13.      GENERAL


         13.1.     This agreement constitutes the whole agreement between the parties as to
                                   se



                   the subject matter hereof and no agreements, representations or warranties
                   between the parties other than those set out herein are binding on the parties.
                   This agreement will supersede any previous agreements concluded between
                        ba




                   the parties regarding support services.


         13.2.     No amendment, alteration, variation or cancellation of this agreement,
             Sy




                   whether consensual or unilateral, will be of any force or effect unless reduced
                   to writing and signed by all parties to this agreement.


         13.3.     No latitude, indulgence or extension of time granted by any one party to the
                   other will prejudice in any way the rights of such party nor will it create new
                   rights, nor will it be construed as a waiver of such party’s rights.




Sybase SA Support Desk (Johannesburg):               Sybase SA Support Desk (Cape Town):                  16
helpdesk@sybase.co.za                                helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)   Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only    083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
THUS        DONE         AND       SIGNED            BY    SYBASE,          HEREIN          REPRESENTED         BY
____________________________                              IN          HIS/HER                CAPACITY           AS
_________________________ WHO WARRANTS THAT HE/SHE IS DULY AUTHORISED
TO REPRESENT SYBASE IN THIS AGREEMENT AND ENTER INTO THIS AGREEMENT
ON BEHALF OF SYBASE, AT ____________________ ON THIS THE __________ DAY
OF ______________                20______        IN       THE    PRESENCE           OF     THE UNDERSIGNED
WITNESSES :-




                                                                                  td
AS WITNESSES:




                                                                                )L
1.       _______________________
         Name:




                                                                        ty
2.       _______________________                           ________________________________
         Name:                                             For and on behalf of Sybase South
                                                                (P
                                                           Africa (Pty) Limited



THUS DONE AND SIGNED BY THE CUSTOMER, HEREIN REPRESENTED BY
                                               SA

____________________________ IN HIS/HER CAPACITY AS
_________________________ WHO WARRANTS THAT HE/SHE IS DULY AUTHORISED
TO REPRESENT THE CUSTOMER IN THIS AGREEMENT AND ENTER INTO THIS
AGREEMENT ON BEHALF OF THE CUSTOMER, AT ____________________ ON THIS
THE __________ DAY OF ______________ 20______ IN THE PRESENCE OF THE
                                   se



UNDERSIGNED WITNESSES :-
                        ba




AS WITNESSES:
             Sy




1. _______________________
     Name:


2. _______________________                                 ________________________________
   Name:                                                   For and on behalf of The Customer




Sybase SA Support Desk (Johannesburg):                     Sybase SA Support Desk (Cape Town):                  17
helpdesk@sybase.co.za                                      helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)         Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only          083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only
SCHEDULE 1: SUPPORT SCHEDULE

Customer Name
Contact Name & Surname
Telephone Number
Contract Number
Date              Sy
                         ba
            PRODUCTS     RENEWAL
                            DATE se
                         (from and
                                     SUPPORT
                                      MODEL
                                     Standard
                                                  NO. OF
                                                USER OR
                                                 SERVER
                                                         LICENSE  NO. OF

                                                                   CPU’S
                                                                           CURRENTLY

                                                                             Yes/No
                                                                                        OPERATING
                                                          MODEL DESIGNATED SUPPORTED SYSTEM/HARDWARE
                                                                                         PLATFORM
                             to)

                                          SA
                                         or
                                     Enterprise
                                                LICENCES




                                                    (P
                                                          ty
                                                               )L
                                                                      td
COMPANY NAME                  Sy                                                  SYBASE S A (PTY) LTD
                                                                                  COMPANY NAME


                                            ba
                                                     se
Authorised Signature                                                SA                      Authorised Signature



                                                                                       (P
Name:                                                                             Name:

Title:                                                                            Title:

Date:                                                                             Date:
                                                                                                   ty
                                                                                                          )L
                                                                                                                   td
Sybase SA Support Desk (Johannesburg):               Sybase SA Support Desk (Cape Town):
helpdesk@sybase.co.za                                helpdeskcpt@sybase.co.za
Tel +27 (11) 202 1000 during office hours (GMT +2)   Tel +27 (21) 657 1600 during office hours (GMT +2)
082 881 3489 after hours for Sybase P1 cases only    083 678 6238 after hours for P1 cases only
078 801 3354 after hours for BI P1 cases only

						
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