Terms & Conditions
important notice
(1) Cybarate (Pty) Ltd, a company incorporated under South African law with registration number 2022/781621/07 and address at Unit 4, 3 Meson Close, Techno Park, Stellenbosch 7600 (“Cybarete”) provides a project management and resource tracking functionality to its customers (“Service”). Any customer that validly subscribes to the use of our Services via our website at www.cybarete.com and/or www.crew-pulse.com will be bound to these terms in relation to the use thereof.
(2) CUSTOMERS SHOULD READ THESE TERMS PRIOR TO AGREEING TO BE BOUND BY THEM AND MAKING USE OF OUR SERVICES. THESE TERMS CONTAIN SPECIFIC PROVISIONS WHICH LIMIT OUR LIABILITY, ALLOCATE RISK OR LIABILITY TO THE CUSTOMER, OR ASSUME THAT THEY KNOW CERTAIN FACTS. THESE TERMS HAVE BEEN SET OUT IN CAPITAL LETTERS.
(3) We may change our terms from time to time. Such amended terms will take effect once they are posted on our website at www.cybarete.com and/or www.crew-pulse.com unless otherwise specified. Customers should receive notices about any change to these terms, but it remains the Customer’s responsibility to review these terms prior to making use of our Services so that changes are noted.
(4) Customer’s may be required to install software on a mobile or other device to use the Services, which software will be made available under cover of a separate licence agreement. Such licence terms will apply exclusively to the installation and use of the software.
Terms & Conditions - the basics
1. DEFINED TERMS. In addition to the terms defined above, the following terms shall have the meanings ascribed to them below when used in these terms, and similar terms will have similar expressions:
i. “Authorised User” means a natural person who is authorised to access and make use of the Service on behalf of the Customer and who has been issued with a valid UserID which has not been deactivated by Cybarete;
ii. “Authorised Device” means the mobile tablet or similar electronic device which a designated Authorised User is enabled to use in connection with the Service;
iii. “Customer” or “You” means the entity that has duly subscribed to make use of the Services;
iv. “Customer Data” means the data which is electronically submitted to Cybarete by or on behalf of a Customer in connection with the use of the Services, including without limitation pertaining to the location of Authorised Devices;
v. “Resource” means the assets, resources and business tasks which are configured for monitoring in connection with a project created by Customer;
vi. “Service Fee” means the fees payable by Customer in connection with the Services, which unless otherwise agreed shall be Cybarete’s prevailing fees for the Service published on the Website;
vii. “UserID” means a unique password issued by Cybarete to you and to Authorised Users to enable the use of the Service for and on behalf of Customer; and
viii. “Website” means the website located at www.cybarete.com and/or www.crew-pulse.com.
2. SUBSCRIBING TO THE SERVICE. You may subscribe to the Service online via the Website. Cybarete will require certain details of the Customer including without limitation the name of the entity, company registration number, addresses and contact details. You warrant that the details provided are true and correct. Cybarete may refuse to process your subscription if there is any reason to believe that any of the details provided are false or misleading.
You will be notified once Cybarete has processed your application and agreed to provide the Service to you. You will be able to setup Authorised User accounts provided you furnish us with their correct details, including without limitation regarding the Device which they will use in connection with the Service. You can add additional Authorised Users at any time via the Website.
You as well as each Authorised User will be issued with a UserID to enable him/her to access the Service for and on your behalf. UserID’s are issued strictly to enable your and Authorised Users to access and make use of the Services. You shall ensure that all UserID’s are kept confidential and shall furthermore ensure that UserID’s are not shared or distributed or used by any third party. YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIONS UNDERTAKEN THROUGH THE USE OF THE USERID’S.
3. USING THE SERVICE. You will in consideration for payment of the Service Fee be permitted to submit to Cybarete via Authorised Devices the Customer Data to be processed for purposes of monitoring and/or tracking progress of the Resources. The Service may be used only for Your own internal business purposes, and not for the benefit of any third party. You must ensure that you have all authorisations and consents as may be required under applicable law to submit Customer Data to Cybarete and for such data to be processed by Cybarete in connection with the Services.
YOU MUST NOTIFY US IMMEDIATELY IF CYBARETE’S POSSESSION AND OR USE OF ANY CUSTOMER DATA IN CONNECTION WITH THE SERVICES BECOMES UNUATHORISED OR IS UNLAWFUL AND PROVIDE TO CYBARETE SUCH ASSISTANCE AS IT MAY REASONABLY REQUIRE TO REMEDY OR CEASE THE UNUATHORISED ACTIVITY.
Cybarate will treat Customer Data which is not in the public domain, and which is not otherwise trivial, obvious or already known to Cybarete as your confidential information to be used by Cybarete only in connection with its rendering of the Services. Notwithstanding this, you acknowledge that Cybarete may from time to time develop new features or service offerings based on findings derived from its processing of Customer Data, and you agree that Cybarete will be free to use such new features and offerings in an unrestricted manner for the benefit of all its customers, provided that Cybarete will not publish the Customer Data in a manner which identifies you or any Authorised User.
Unless otherwise notified to you by Cybarete, all queries and problems regarding use of the Services may be raised in the manner provided on our Website, alternatively by email at info@cybarete.com.
CYBARETE MAY SUSPEND AND/OR LIMIT YOUR USE OF THE SERVICE IN THE EVENT THAT YOU ARE IN BREACH OF ANY OF THESE TERMS, OR IF CYBARETE HAS REASON TO BELIEVE THAT YOUR CONTINUED USE THEREOF MAY BE CONTRARY TO APPLICABLE LAW. YOU UNDERTAKE TO ASSIST CYBARETE IN REMEDYING ANY SUCH BREACH OR UNLAWFUL USE (ACTUAL OR POTENTIAL), FAILING WHICH CYBARETE SHALL HAVE THE RIGHT TO TERMINATE YOUR USE OF THE SERVICE.
4. SERVICE FEES. The Service Fees will be as agreed with you when you subscribe to receive the Services and may be invoiced and will be payable by you on a monthly basis in advance. If you enable additional Authorised Users during any calendar month, we may invoice you therefor together with the amount due for the subsequent calendar month.
Duly invoiced Service Fees shall be paid by you within 7 (seven) days of the invoice date into the account designated for payment under the invoice. Service Fees exclude all taxes, duties tariffs, rates, levies and other charges that may apply to the Service, which you shall be liable to pay in addition to the Service Fees.
We may increase the Service Fees on an annual basis. Such increase will be applied from 1 March of each calendar year and will not exceed the increase applied to our other customers for the provision of the Services.
YOUR FAILURE TO PAY ANY AMOUNT WHICH IS DULY INVOICED BY US WILL RESULT IN US CHARGING INTEREST AT A RATE OF 1½ % (ONE AND A HALF PERCENT) PER MONTH. SUCH INTEREST SHALL BE CALCULATED FROM THE DUE DATE FOR PAYMENT TO THE DATE OF ACTUAL PAYMENT, BOTH DAYS INCLUSIVE, COMPOUNDED MONTHLY IN ARREARS. WE MAY IN ADDITION TO THIS SUSPEND THE RENDERING OF OUR SERVICES TO YOU UNTIL WE HAVE RECEIVED PAYMENT IN FULL, OR TERMINATE THE SERVICES IF WE CHOOSE TO DO SO.
5. SUBSCRIPTION PERIOD. You will be permitted to use the Service for the duration of the period which you are subscribed to do so. Your subscription will commence on the date that you complete the subscription process on the Website and will terminate on the earlier of the following occurring:
i. Us receiving a written notice from you at info@cybarete.com in terms of which you inform us that you no longer wish to use the Services;
ii. If your right to receive and make use of the Service is terminated in accordance with the provisions of these terms; or
iii. Upon the Services being discontinued by us.
DISCLAIMER. YOU ACKNOWLEDGE THAT THE SERVICE DOES NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND AND THAT YOUR USE OF AND RELIANCE ON THE SERVICE IS ACCORDINGLY AT YOUR OWN RISK.
CYBARETE WILL NOT BE LIABLE FOR ANY FAILURE BY YOU TO PROVIDE US WITH THE NECESSARY AUTHORISATIONS AND CONSENTS IN CONNECTION WITH THE SERVICE (IN PARTICULAR WITH RESPECT TO THE PROCESSING OF CUSTOMER DATA), AND YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD CYBARETE AND ITS PERSONNEL HARMLESS FROM AND AGAINST ANY LOSSES OR CLAIMS MADE AGAINST CYBARETE OR ITS PERSONNEL AS A RESULT OF SUCH FAILURE.
CYBARETE DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL ALWAYS BE AVAILABLE OR ACCURATE. WE RESERVE THE RIGHT TO CANCEL OR SUSPEND YOUR USE OF THE SERVICE AT ANY TIME IF THERE IS SUSPICION THAT YOU ARE USING THE SERVICE IN AN UNUATHORISED OR UNLAWFUL MANNER.
CYBARETE’S TOTAL LIABILITY TO YOU IN RESPECT OF ANY BREACH BY US OF OUR OBLIGATIONS UNDER THESE TERMS SHALL NOT EXCEED AN AMOUNT WHICH IS EQUAL TO THE AMOUNT OF SERVICE FEES WHICH YOU HAVE PAID DURING THE THREE MONTHS PRECEDING THE DATE OF YOUR CLAIM, SAVE TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL CYBARETE OR ITS PERSONNEL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRINSIC OR SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES (WHETHER FORESEEABLE OR UNFORESEEABLE) OF ANY KIND (INCLUDING, WITHOUT LIMITATION, IN RESPECT OF LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, THIRD PARTY CLAIMS OR OTHER PECUNIARY LOSS ARISING OUT OF THE UNAVAILABILITY, DELAY IN DELIVERY OR RELIANCE ON AN AUTHORISED DEVICE OR THE WEATHER SERVICES), WHETHER BASED ON CONTRACT, DELICT, STATUTE OR OTHERWISE, EXCEPT TO THE EXTENT THAT THE LIMITATION OF LIABILITY IS NOT PERMITTED BY APPLICABLE LAW.