Subscription Agreement

Introduction

This document outlines the Subscription Agreement that governs the use and subscription of services by CompuTrade CC T/A Loyaltymaster, henceforth known as Loyaltymaster. This comprehensive agreement is applicable to both individual users and organisations and outlines the rights, responsibilities, and legal provisions surrounding the use of Loyaltymaster services.

Section 1: Agreement Validation

The agreement commences once the customer begins using the services, acknowledges the agreement digitally, or places an order with Loyaltymaster. The customer is granted limited, non-exclusive, and non-transferable access and usage rights under the conditions stated in this agreement.

Section 2: Service Availability & Support

Loyaltymaster commits to service availability of at least 99%. If this standard is not met for two consecutive months, customers can terminate the order and are entitled to a pro-rata refund. Support is provided via email, and all inquiries are guaranteed a response within 48 business hours.

Section 3: Data Security

Both parties have data security obligations. Loyaltymaster is committed to the best industry practices for service security and data protection. The customer is responsible for service configuration, secure access credentials, and prompt reporting of suspected data breaches.

Section 4: Usage Restrictions

The customer must ensure proper use of the services and adherence to necessary permissions. Certain restrictions apply, including unauthorised access attempts, service copying or modification, service reselling or distribution, sending malicious code, or violating the law.

Section 5: Compliance with Laws

All parties must comply with applicable laws, such as privacy and personal information protection, adherence to anti-bribery and anti-corruption laws, and compliance with export laws and trade sanctions.

Section 6: Pricing & Fees

The customer agrees to pay all fees as detailed in the agreement and associated order(s) and service plan(s). Loyaltymaster is authorised to charge the customer’s account for the services.

Section 7: Ownership

While customers retain ownership of their data and environments, Loyaltymaster and its licensors retain ownership of their services, documentation, and feedback.

Section 8: Confidentiality

Confidential information must not be disclosed without consent, with specific rules about how such information is managed.

Section 9: Disclaimers

The services are provided on an “as is” basis with no guarantee of compatibility or error-free operation. Changes to customer components do not affect the customer’s obligations.

Section 10: Term & Termination

The agreement remains valid until the last order is completed or terminated early. Upon termination, certain conditions remain while others cease.

Section 11: Limitations of Liability

Neither party is liable for indirect, consequential damages or losses unless otherwise stated.

Section 12: Publicity

Neither party can publicise the agreement or use the other’s logos without written consent.

Section 13: Notices

Formal communication must be in writing and is considered delivered under specific conditions.

Section 14: Customer Affiliates

The customer can authorise its affiliates to use Loyaltymaster’s services under an existing order but is liable for the actions of these affiliates.

Section 15: Assignment

The agreement can be assigned in connection with a merger, consolidation, reorganisation, or sale of all or substantially all of its business or assets relating to this agreement to an unaffiliated third party.

Section 16: U.S. Government Customers

Services and Documentation are provided to the U.S. Government as commercial items with the same rights and restrictions.

Section 17: Independent Parties; No Third-Party Beneficiaries

Both parties are independent contractors, and this agreement is for the sole benefit of the parties involved.

Section 18: Force Majeure

Neither party is liable for uncontrollable events that prevent them from fulfilling obligations.

Section 19: Governing Law & Venue

South African law governs this agreement, and any related legal proceedings will occur in Western Cape, South Africa.

Section 20: Miscellaneous

This agreement, together with all Orders and the AUP, represents the entire understanding between parties.

Section 21: Definitions

Terms used throughout the agreement are defined for clarity.

Section 22: Counterparts

Orders can be executed in counterparts, with each counterpart considered an original.

Section 23: Changes to this Agreement

Loyaltymaster may modify this agreement with changes becoming effective at the start of the next renewal term.

Please note: This summary simplifies the full text of the agreement. For full understanding, refer to the complete agreement text. Always consult a legal professional before agreeing to terms in a legal document.

The version is current, as to the date it was edited below.
Date: 22/05/2023
E.&O.E.