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Legal

TERMS OF ENGAGEMENT

Proposal Costings

Payment Schedule

All payments will be agreed upfront based on a payment schedule. This schedule will be based on the detailed project plan showing deliverable milestones every month of the project. 

Implementation Timing

DATASCOPE always budgets an agreed upon number of hours for system implementation and training.  Should we exceed this budgeted period, any further time spent would be on a time and material basis (at the ruling rate per hour) with weekly signed off time sheets.

Annual License Fees (ALF’s)

An annual licence fee of 15% of the WMS software costs are mandatory and are payable annually.  These costs are invoiced annually at the end of September and are payable before the end of October.  Annual software license keys are given through to the client after payment is received.

The purpose of ALF’s is to ensure that the software is continually enhanced as the product grows.  Additional value adding modules will be added to the core product based on on-going evaluation by DATASCOPE Consulting. Clients will benefit as these modules will be uploaded automatically with the annual license key.  ALF’s ensure that the product remains robust and cutting edge.  

Hardware Requirements

    Recommended WMS Application Server

This server will be responsible for running the entire WMS web based service pool and processing involved on the execution of these services, it will be responsible for deploying the WMS click once user interface, and will be responsible for all the printing related setup and tasks.

Minimum suggested WMS Application Server Specifications:

   Recommended Data Server

This server will be responsible for all of the SQL based processing and requests made from the WMS Server. This process can be extremely memory extensive, using up to and in excess of 2Gb of memory at any given point, excluding any memory load originating from SYSPRO data processing.

Minimum suggested Data Server Specifications:

   Recommended Architecture

The optimal and most efficient WMS environment will consist of two servers, one solely responsible for data processing and storage, the other solely responsible for application storage and processing. The SYSPRO environment setup would, idealistically speaking, mirror this setup, having the company data residing on the recommended data server, and the SYSPRO server installation residing on the WMS application server. In a situation where there is an existing SYSPRO / Data server, the best practice would be to increase the RAM to the above specified amount. We would now consider the existing machine as the data server, and move the SYSPRO server application install to the WMS application server.

Please note these specs are a guideline and the number of SYSPRO users need to be taken into account. This can be calculated using the SYSPRO Server guidelines found on their website.

DATASCOPE Consulting will not be responsible to resolve any hardware or network technical issues on your site.  This includes the wireless AP network used by the scanners.

Flights and Accommodation

All flights and accommodation will be for the client’s account. 

Training

A budget has been provided for super user training as part on the implementation.  Should the client require additional time to be spent on training, this will be billed separately at the normal ruling rate per hour.

Documentation

The DATASCOPE Consulting WMS has generic user manuals linked to the software.

DATASCOPE Consulting Software Licence Agreement

DATASCOPE Consulting CC has a Standard Software Terms and Conditions Agreement which both parties will be bound by. This document can be found at www.DATASCOPE Consulting.co.za/legal or will be supplied to the client upon request. The client hereby agrees and acknowledges that its signature hereof constitutes acceptance of DATASCOPE’s aforesaid Standard Software Terms and Conditions Agreement which shall be binding upon the client and the signatory hereof. The client further hereby confirms that the attention of the signatory hereof has been drawn to this clause and the applicability of DATASCOPE’s aforesaid Standard Software Terms and Conditions Agreement and the signatory understands same and accepts the full consequences of this clause and the aforesaid Standard Software Terms and Conditions Agreement as binding upon the client and the signatory hereof.

WMS SLA AGREEMENT

A copy of our WMS SLA agreement can be downloaded here


Warranty & Disclaimer

DATASCOPE Consulting CC hereby warrants that it shall perform services in a professional and workmanlike manner, and that all Software supplied by it shall function according to the reasonably accepted standards of the profession, be fit for the purpose for which it was intended and operate substantially in accordance with the software product description applicable thereto as set out in this document.

DATASCOPE Consulting CC further warrants that for a period of 60 (SIXTY) days from the date of initial delivery of the software to the client, such Software shall conform substantially to the software product description as contained in this document. Should the software not conform substantially to the software product description as contained in this document, the Software, and all copies made may be returned to DATASCOPE Consulting accompanied by evidence in writing showing its substantial non-conformance within 30 (THIRTY) calendar days of such non-conformance occurring, and DATASCOPE Consulting shall, at their sole and absolute discretion either replace the software or terminate the Agreement and refund all monies paid over by the client in this respect of this Software. Such warranty shall only be in respect of the initial version of the Software upon initial delivery, and shall exclude all updates and revisions thereof.

Notwithstanding the aforegoing, DATASCOPE Consulting CC shall not incur any liability of whatsoever nature, including but not limited to consequential damages or pure economic loss which the client may suffer by reason of the software not conforming substantially to the software product description as contained in this document, other than the possible replacement of the software, and/or a refund of the costs pertaining thereto as set out in the warranty aforesaid.

Intellectual Property

Neither party, by virtue of the provision of services, or the supply of software, shall gain any rights of ownership in copyrights, patents or other intellectual property of the other party. Exclusive of the intellectual property provided by the client to DATASCOPE Consulting CC, DATASCOPE Consulting CC shall own all rights, title and interest (including any copyrights, patents, trade secrets or other intellectual property rights) in and to the software including all augmentations, upgrades, improvements and the like thereto and all tangible materials delivered as well as all other results of the services. Upon full payment to DATASCOPE Consulting CC of all sums due for the services, the client is granted a non-exclusive, non-transferable licence to use for internal purposes only, any tangible material delivered, or material derived as a result of services rendered by DATASCOPE Consulting CC

Financing Options

If a financing rental model would better suit the customer over against the standard CAPEX model, DATASCOPE Consulting could put you in touch with such companies that cover the total costs on a rental basis.

Project Delays

If for any reason the project is delayed on the part of the customer for more than two months after the project timing plan agreement and sign off, and DATASCOPE Consulting incur additional expenses as a result of these delays, these costs will be billed separately at the normal ruling rate per hour.

SYSPRO Version

Kindly ensure that your company is running at least SYSPRO issue 6 version 10.  Service Pack 2 or later. SYSPRO 6.1 SP 1 or 2 is ideal and is preferred.