iX Terms & Conditions

1. Payment for services

  1. Invoicing and payment-
    1. Subscription fees are invoiced at the beginning of the month and payable within the month.
    2. Setup fees are payable before work commences. Only half of website setup fees are payable before work commences, and the balance on completion.
    3. For new services where no setup fees are payable, the first month’s subscription fees are payable in advance.
    4. PPC out-costs, like Google Adwords and Facebook Boosts, are payable in the prior month.
    5. Other 3rd party costs, such as DMS fees, are payable directly to the 3rd party.
  2. Pricing-
    1. All prices increase by 8% on the 1st of January each year.
    2. Further adjustments to pricing may happen from time to time, subject to one calendar months’ notice, due to-
      1. Scope creep,
      2. Changes to the services,
      3. Changes to related costs, and or
      4. Bringing pricing in line with the market.
    3. Bandwidth and SMS costs: All products are subject to bandwidth, storage space and SMS limits. Unless specified otherwise, the limits amount to 500MB and 50 SMS messages per month, and 1GB of storage. Additional usage and storage will be charged at 10c per MB and 29c per SMS.
    4. Pricing excludes VAT.

2. Cancellation of services

  1. 1 calendar months’ notice is required by either party, subject to a minimum initial subscription period of 3 months.

3. Right & title

  1. The subscriber shall own and be eligible to get a copy of all data, including customer data. The cost of extracting this data shall be borne by the Subscriber.
  2. Platforms, content management systems and generic data acquired by iX shall however remain the right and title of iX. All copyright, title and interest in and to any document produced, system developed or process designed, devised or modified by iX while performing the services under this agreement shall vest exclusively in iX and shall remain so vested post termination of this agreement.
  3. The Subscriber will have access to platforms and content management systems only for as long as the Subscriber subscribes to the service/s.
  4. The Subscriber agrees that it will not give access to 3rd parties to log in or view platforms or content management systems, nor will it redistribute or republish any portion of the information disseminated through the Service, other than its own data. The Service is intended solely for the internal use of the Subscriber. The Subscriber may not assign without the prior written consent of iX, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part.

4. Liaison

  1. With effect 1 Jan 2018, the Subscriber shall log all support requests via Dealer Gateway and or Smart Manager.
    1. Whilst email, text and WhatsApp messages may be attended to, iX is not able to ensure that these requests are done, done properly or done on time, as they bypass the iX-ticketing system.
    2. Work hours are from 8h00 until 17h00, Mondays to Fridays, and excluding public holidays, and excluding the period between 25 December and 1 January.
  2. Requests and escalations: In a world with much noise and increasing online communication, iX requires that requests and escalations are dealt with in a strict order, without involving the next level up or other individuals. This will enable iX to be more productive and ultimately contain service costs.
    1. Requests: Your service adopter (the person that provides you with this service)
    2. 1st Escalation: Team Leader. Each service provided by iX is housed within a silo. Each silo has a team leader.
    3. 2nd Escalation: Key Account Manager / Sales Consultant
    4. 3rd Escalation: Chief Client Officer (Currently Cornelius Nell)
  3. iX does offer a Campaign Manager Service for those that require a semi-dedicated almost-continual liaison between the Subscriber and iX. Typically, a Key Account Manager is too stretched to perform this role.

5. Training

  1. Training is provided in Durban at the iX offices on the 2nd and 3rd Wednesday of the month.
  2. Training is subject to availability, so bookings is essential.
  3. The first two man-days per service per subscriber is at no charge.
  4. High-level How-to guides are also available.

6. Disclaimer

  1. iX, its employees and agents, shall not be liable for any loss or damage claimed to have resulted from delays or interruptions in the service/s or otherwise resulting from erroneous statements, errors or fact of errors in transmission, or any other cause whatsoever, other than any act of omission constituting willful misconduct or gross negligence on the part of iX.

7. Arbitration

  1. The parties agree to use all available means to resolve any dispute arising under this Agreement through non-litigious means.

8. Confidentiality

  1. The parties agree to keep private and confidential all dealings with the other parties, including discussions, negotiations and any confidential information about the other party, its clients, its suppliers, shareholders, business partners and employees. The Subscriber shall not discuss the merits or demerits of iX with its other suppliers, and iX shall not discuss the merits or demerits of the Subscriber with its other clients.

9. Employment of staff

  1. Both parties agree not to employ, directly or indirectly, the staff of the other party for a period of 6 months after the employee has left the employ of the other party.

10. Uptime

  1. 99% based on 3-month cycle.
  2. This does not include-
    1. Failures on the part of Internet lines and hosting facilities, both beyond the control of iX
    2. Scheduled maintenance, which will not exceed 1 hour and will not be during normal working hours
    3. Major system failures that will take up to 3 days to rectify
  3. On-site backups are done daily. Off-site backups are done weekly. Maximum data loss is therefore potentially 1 week.
  4. iX cannot guarantee that software won’t stop working, but it does guarantee that it will attend to any breaks with urgency. Reasons for breakages cannot always be shared for proprietary reasons.

11. The Subscriber will-

  1. Provide iX with an updated new vehicle price list at least 72 hours before becoming effective
  2. Provide iX with OEM CI guidelines as it pertains to relevant services
  3. Updated their own users
  4. Update their own lead recipients and leads, including all admin and general lead management functions
  5. Provide iX with website development feedback within 72 hours
  6. Used vehicle stock, by arranging same with the Subscriber’s DMS or stock list provider

12. Website Development

  1. Websites are developed in accordance with the brief provided. 2 snag lists are permitted.
  2. Deviations from the original brief-
  1. Must be given in writing,
  2. Will incur additional costs,
  3. Will cause delays, and
  4. Will only be entertained once the initial setup fee has been paid in full and the subscription activated.

13. Integrations

  1. iX reserves the right to select which 3rd parties it wishes to integrate with.
  2. Integrations will in any event be limited to 3rd parties that accommodate good and proper integration handshaking.
  3. The cost of integration will be borne by the subscriber.

14. Shut Down

  1. No new development happens between 16 Dec and 15 January each year. This includes all setups, integrations and website development.
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