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terms_of_enduser_ticket_system_usage [2025/10/14 00:02] – [15. Local Tech Engagement] thesaintterms_of_enduser_ticket_system_usage [2025/10/14 00:51] (current) – [10. Limitation of Liability] thesaint
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 ===== 3. Permitted Use ===== ===== 3. Permitted Use =====
 You may use the Ticket System only for lawful purposes and in accordance with these Terms. You agree not to use the system, site, or services: You may use the Ticket System only for lawful purposes and in accordance with these Terms. You agree not to use the system, site, or services:
-  * In any way that violates any applicable local, national, or international law or regulation. +  * In any way that violates any applicable local, national, or international law or regulation. 
-  * To impersonate or attempt to impersonate the company, a company employee, another user, or any other person or entity.+  * To impersonate or attempt to impersonate the company, a company employee, another user, or any other person or entity.
  
 ===== 4. Ticket Submission ===== ===== 4. Ticket Submission =====
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 ===== 5. Data Privacy ===== ===== 5. Data Privacy =====
-All personal data provided by you through the Ticket System will be handled in accordance with our Privacy Policy. You consent to the collection, use, and disclosure of your personal data as described in the Privacy Policy.+All personal data provided by you through the Ticket System will be handled in accordance with our Privacy Policy. You consent to the collection, use, and disclosure of your personal data as described in our Privacy Policy.
  
 ===== 6. Service Availability ===== ===== 6. Service Availability =====
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 **7.2. Minor Changes:** For minor, non-material changes (e.g., correcting typos, adding contact information, or changes not affecting the core rights and obligations of the user), the revised Terms will be effective immediately upon posting on the Ticket System.\\ **7.2. Minor Changes:** For minor, non-material changes (e.g., correcting typos, adding contact information, or changes not affecting the core rights and obligations of the user), the revised Terms will be effective immediately upon posting on the Ticket System.\\
 **7.3. Material Changes & Notice:** If a change is deemed **Material** (including, but not limited to, changes to pricing/rates in Clause 17, limitations of liability in Clause 10, or the core services in Clause 14), we will provide you with **at least 30 calendar days' written notice** of the change before it takes effect. This notice will be delivered by one or more of the following auditable methods:\\ **7.3. Material Changes & Notice:** If a change is deemed **Material** (including, but not limited to, changes to pricing/rates in Clause 17, limitations of liability in Clause 10, or the core services in Clause 14), we will provide you with **at least 30 calendar days' written notice** of the change before it takes effect. This notice will be delivered by one or more of the following auditable methods:\\
-  * **(a) System Notification:** A dedicated message posted to the **Ticket System message center** for all affected registered users (logged against the user's account). +  * **(a) System Notification:** A dedicated message posted to the **Ticket System message center** for all affected registered users (logged against the user's account).\\ 
-  * **(b) Login Screen Banner:** A non-dismissible notice or banner placed on the Ticket System login page. +  * **(b) Login Screen Banner:** A non-dismissible notice or banner placed on the Ticket System login page. 
 **7.4. Right to Terminate and Acceptance:** If you do not agree to a Material Change, you may terminate this Agreement by providing written notice to SupportCALL before the 30-day notice period expires. If you **log in to the Ticket System** or **submit a new request** after the effective date of the Material Change, you will be deemed to have accepted the new Terms. The act of logging in or submitting a request constitutes acceptance. **7.4. Right to Terminate and Acceptance:** If you do not agree to a Material Change, you may terminate this Agreement by providing written notice to SupportCALL before the 30-day notice period expires. If you **log in to the Ticket System** or **submit a new request** after the effective date of the Material Change, you will be deemed to have accepted the new Terms. The act of logging in or submitting a request constitutes acceptance.
  
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 ===== 10. Limitation of Liability ===== ===== 10. Limitation of Liability =====
-''(//...FOR ACL/CPA COMPLIANCE//)''\\ 
 **10.1. Exclusion of Statutory Rights Prohibited:** Nothing in these Terms limits or excludes any guarantees, warranties, rights, or remedies you may have under the **Australian Consumer Law** (ACL) or the **South African Consumer Protection Act** (CPA) or any other law, which cannot be lawfully excluded, restricted, or modified.\\ **10.1. Exclusion of Statutory Rights Prohibited:** Nothing in these Terms limits or excludes any guarantees, warranties, rights, or remedies you may have under the **Australian Consumer Law** (ACL) or the **South African Consumer Protection Act** (CPA) or any other law, which cannot be lawfully excluded, restricted, or modified.\\
 **10.2. Exclusion of Indirect Loss:** To the fullest extent permitted by law, SupportCALL shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses.\\ **10.2. Exclusion of Indirect Loss:** To the fullest extent permitted by law, SupportCALL shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses.\\
-**10.3. Limitation of Liability for Negligence and Direct Loss:** SupportCALL's total aggregate liability for all claims arising out of or related to this Agreement, including claims for breach of contract, tort (including **negligence**), or breach of statute, is limited to the **lesser of:** +**10.3. Limitation of Liability for Negligence and Direct Loss:** SupportCALL's total aggregate liability for all claims arising out of or related to this Agreement, including claims for breach of contract, tort (including **negligence**), or breach of statute, is limited to the **lesser of:**\\ 
-  * **(a)** The total fees paid by the client to SupportCALL for the specific work or service to which the claim relates; **OR** +  * **(a)** The total fees paid by the client to SupportCALL for the specific work or service to which the claim relates; **OR**\\ 
-  * **(b)** AUD $±5,000 (ZAR R±50,000) (whichever is applicable) (subject to current exchange rates).+  * **(b)** AUD $±5,000 (ZAR R±50,000) (whichever is applicable) (subject to current exchange rates).\\
 **10.4.** This limitation does not apply to liability for fraud, gross negligence, or any liability which cannot be legally excluded.\\ **10.4.** This limitation does not apply to liability for fraud, gross negligence, or any liability which cannot be legally excluded.\\
  
-===== 11. Governing Law ===== +===== 11. Governing Law (REVISED DYNAMIC CLAUSE) ===== 
-These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which the company is established, without regard to its conflict of law principles.+**11.1.** These Terms of Use shall be governed by and construed in accordance with the laws of the **SupportCALL entity** that is the contracting party and that invoices you for the services.\\ 
 +**11.2.** If the contracting party is **SupportCALL (Pty) Ltd** (South Africa), the governing law will be the laws of **South Africa**.\\ 
 +**11.3.** If the contracting party is **SupportCALL (Australia) Pty Ltd** (or equivalent Australian entity), the governing law will be the laws of the **State/Territory of that entity’s principal place of business** (e.g., Victoria) and the **Commonwealth of Australia**.\\ 
 +**11.4.** By entering into this Agreement, you irrevocably submit to the exclusive jurisdiction of the Courts of the applicable Governing Law jurisdiction.
  
 ===== 12. Contact Information ===== ===== 12. Contact Information =====
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 **15.1. Prohibition on Direct Dealing:** You, your company, or the company you work for, agree not to bypass SupportCALL or make direct use of any of SupportCALL staff, representatives, subcontractors, partners, or associates **during the term of this Agreement**. All work must be logged via the SupportCALL Ticket System or agreed channels.\\ **15.1. Prohibition on Direct Dealing:** You, your company, or the company you work for, agree not to bypass SupportCALL or make direct use of any of SupportCALL staff, representatives, subcontractors, partners, or associates **during the term of this Agreement**. All work must be logged via the SupportCALL Ticket System or agreed channels.\\
 **15.2. Post-Termination Non-Solicitation (Restrictive Covenant):** You, or anyone associated with you or your company, may not contact, solicit, or conduct business with any **SupportCALL Staff, LOCAL TECHs, subcontractors, partners, or associates** who you had dealings with in the **12 months** immediately prior to termination of your relationship with SupportCALL.\\ **15.2. Post-Termination Non-Solicitation (Restrictive Covenant):** You, or anyone associated with you or your company, may not contact, solicit, or conduct business with any **SupportCALL Staff, LOCAL TECHs, subcontractors, partners, or associates** who you had dealings with in the **12 months** immediately prior to termination of your relationship with SupportCALL.\\
-**15.3. Duration:** This restriction remains in force for a minimum period of **12 months** following the termination of your use of the SupportCALL Ticket System.\\+**15.3. Duration:** This restriction remains in force for a minimum period of **12 months** following the termination of your use of the SupportCALL Ticket System **or any SupportCALL services.**\\
 **15.4. Unenforceability (Cascading Clause for AU):** If any part of this Clause 15 is found to be invalid or unenforceable by a competent court or tribunal, the provision shall be read down to the period of **6 months** and/or limited to only those persons/entities you directly dealt with in the last 6 months, to the extent permitted by law, in order to protect SupportCALL’s legitimate interest in its confidential customer data and goodwill. **15.4. Unenforceability (Cascading Clause for AU):** If any part of this Clause 15 is found to be invalid or unenforceable by a competent court or tribunal, the provision shall be read down to the period of **6 months** and/or limited to only those persons/entities you directly dealt with in the last 6 months, to the extent permitted by law, in order to protect SupportCALL’s legitimate interest in its confidential customer data and goodwill.
  
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 ===== 23. Protection of Personal Information ===== ===== 23. Protection of Personal Information =====
 We hold your and your company's information and data in the highest regard. Best practices include: We hold your and your company's information and data in the highest regard. Best practices include:
-  * Encrypting all sensitive data during storage and transmission. +  * Encrypting all sensitive data during storage and transmission. 
-  * Regularly updating and patching our systems to protect against vulnerabilities. +  * Regularly updating and patching our systems to protect against vulnerabilities. 
-  * Implementing strict access controls and ensuring only authorized personnel have access to sensitive information. +  * Implementing strict access controls and ensuring only authorized personnel have access to sensitive information. 
-  * Conducting regular security audits and assessments. +  * Conducting regular security audits and assessments. 
-  * Providing training to staff on data protection and privacy policies.+  * Providing training to staff on data protection and privacy policies.
  
 ===== 24. Ticket System Workflow ===== ===== 24. Ticket System Workflow =====
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 **Setup:** **Setup:**
-  * Clients have access to the SupportCALL Ticket System via a self- or SupportCALL-assisted login. +  * Clients have access to the SupportCALL Ticket System via a self- or SupportCALL-assisted login. 
-  * Clients can log in and create either **Estimate Requests** or **Callout Requests** (Cabling, Onsite, or Remote Support). +  * Clients can log in and create either **Estimate Requests** or **Callout Requests** (Cabling, Onsite, or Remote Support). 
-  * These requests are actioned by SupportCALL as tickets created by the client with their own login to the SupportCALL Ticket System.+  * These requests are actioned by SupportCALL as tickets created by the client with their own login to the SupportCALL Ticket System.
  
 **Additional Fields:** **Additional Fields:**
-  * To aid clients and link to client systems as a tracking record, additional fields are provided (examples below): +  * To aid clients and link to client systems as a tracking record, additional fields are provided (examples below): 
-    * **Own HelpDesk linked (ticket/order):** A choice stating if there is a ticket or reference on your system we can refer to. +    * **Own HelpDesk linked (ticket/order):** A choice stating if there is a ticket or reference on your system we can refer to. 
-    * **Own HelpDesk / Order #:** Enter the ticket or reference number on your system.+    * **Own HelpDesk / Order #:** Enter the ticket or reference number on your system.
  
 **Purchase Order Box:** **Purchase Order Box:**
-  * A PO field is available to add a PO # if available at the time of ticket creation. This can also be provided after ticket creation.+  * A PO field is available to add a PO # if available at the time of ticket creation. This can also be provided after ticket creation.
  
 **Ticket Creator Information:** **Ticket Creator Information:**
-  * The ticket includes fields for the creator’s name, number, and email as a reference to the ticket.+  * The ticket includes fields for the creator’s name, number, and email as a reference to the ticket.
  
 **Completion and Verification:** **Completion and Verification:**
-  * After a job is completed and the ticket updated, a verification request is usually sent to clients to confirm the resolution and that processing of the ticket may be done.   +  * After a job is completed and the ticket updated, a verification request is usually sent to clients to confirm the resolution and that processing of the ticket may be done.   
-    * (example) GOOD DAY, PLEASE CHECK CURRENT RESOLVE, PLEASE ALSO CONFIRM WE MAY CLOSE AND MARK THIS TICKET AS RESOLVED, AND PROCESS AND BILL, THANK YOU VERY MUCH+    * (example) GOOD DAY, PLEASE CHECK CURRENT RESOLVE, PLEASE ALSO CONFIRM WE MAY CLOSE AND MARK THIS TICKET AS RESOLVED, AND PROCESS AND BILL, THANK YOU VERY MUCH
  
 **Processing of tickets:** **Processing of tickets:**
-  * Processing of a ticket (closing and invoicing) will be done once the client has responded to the resolution verification request or when enough time has passed for SupportCALL to deem the client satisfied that the ticket is resolved and that SupportCALL may process and invoice the ticket.+  * Processing of a ticket (closing and invoicing) will be done once the client has responded to the resolution verification request or when enough time has passed for SupportCALL to deem the client satisfied that the ticket is resolved and that SupportCALL may process and invoice the ticket.
  
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 © SupportCALL - Tickets © SupportCALL - Tickets
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terms_of_enduser_ticket_system_usage.1760400138.txt.gz · Last modified: by thesaint