DATTEC SWiiB Software Terms and Conditions

Effective Date: 28/05/2025
Version: 2.0

1. AGREEMENT OVERVIEW

These Terms and Conditions ("Agreement") constitute a legally binding agreement between DATTEC (Pty) Ltd ("DATTEC," "we," "us," or "our"), a company registered in South Africa, and the customer ("Customer," "you," or "your") accessing or using the SWiiB Software system.

By accessing or using SWiiB Software, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

2. DEFINITIONS

  • "SWiiB Software": The customized business management software solution provided by DATTEC
  • "Services": Implementation, customization, training, support, maintenance, and mandatory hosting services provided by DATTEC
  • "User": Any individual who accesses or uses the SWiiB Software under your account
  • "Custom Modules": Additional features or modifications developed by DATTEC for your specific requirements
  • "Go-Live Date": The date when the SWiiB Software is deployed for production use
  • "Rackzar Server": DATTEC's hosting infrastructure where all SWiiB instances are hosted
  • "Hosted Services": The mandatory hosting services provided by DATTEC on Rackzar servers

3. SOFTWARE LICENSE AND HOSTING

3.1 SWiiB License

The core SWiiB software is licensed under the GNU Lesser General Public License version 3 (LGPLv3). You acknowledge and agree to comply with all terms of the LGPLv3 license.

3.2 DATTEC Custom Modules License

Any custom modules, configurations, or modifications developed by DATTEC specifically for your implementation ("Custom Work") shall be licensed to you as follows:

  • You receive a non-exclusive, non-transferable license to use the Custom Work
  • The intellectual property rights to Custom Work remain with DATTEC unless otherwise agreed in writing
  • You may not redistribute, sell, or sublicense the Custom Work without DATTEC's written consent
  • Custom modules are only licensed for use on DATTEC's Rackzar hosting infrastructure

3.3 Mandatory Hosting Requirement

IMPORTANT: All SWiiB Software instances MUST be hosted on DATTEC's Rackzar servers. Self-hosting or third-party hosting is NOT permitted unless explicitly agreed upon in writing by DATTEC management.

  • Hosting services are an integral and mandatory part of the SWiiB Software offering
  • Attempting to host SWiiB Software elsewhere will result in immediate license termination
  • All data must reside on DATTEC's secure Rackzar infrastructure
  • DATTEC maintains full control over the hosting environment for security and performance

3.4 Third-Party Components

SWiiB Software may include third-party components with their own licensing terms. You agree to comply with all applicable third-party licenses.

4. SERVICES PROVIDED BY DATTEC

4.1 Implementation Services

  • System analysis and requirements gathering
  • Installation and configuration on Rackzar servers
  • Development of custom modules as specified in the project scope
  • Data migration assistance
  • User training
  • Go-live support

4.2 Mandatory Hosting Services

All customers receive:

  • Secure hosting on Rackzar infrastructure
  • Daily automated backups
  • SSL certificate provisioning
  • System monitoring 24/7
  • Security updates and patches
  • Server maintenance and optimization
  • Uptime guarantee of 99.5%

4.3 Support and Maintenance Services

Subject to selected support tier:

  • Bug fixes for custom modules
  • Technical support via agreed channels
  • System updates and upgrades
  • Performance optimization
  • Security monitoring

5. CUSTOMER RESPONSIBILITIES

5.1 General Obligations

You agree to:

  • Provide accurate and complete information for system implementation
  • Ensure all Users comply with these Terms and Conditions
  • Use the software in compliance with all applicable laws
  • Not attempt to reverse engineer DATTEC's custom modules
  • Not attempt to access or copy the software for hosting elsewhere
  • Pay all agreed fees according to the payment schedule
  • Accept mandatory hosting on Rackzar servers

5.2 Data Accuracy

You are solely responsible for:

  • The accuracy and legality of data entered into SWiiB Software
  • Compliance with data protection regulations (POPIA, GDPR where applicable)
  • Authorizing DATTEC to maintain backups on your behalf

5.3 Security

You must:

  • Maintain secure passwords and access controls
  • Immediately notify DATTEC of any security breaches
  • Not attempt to circumvent security measures
  • Report any unauthorized access attempts

5.4 Acceptable Use of Hosted Services

You agree not to:

  • Attempt to access server infrastructure directly
  • Use excessive resources that impact other customers
  • Upload malicious code or content
  • Violate any South African laws or regulations
  • Engage in any activity that compromises server security

6. FEES AND PAYMENT

6.1 Fee Structure

The total SWiiB Software fees include:

  • Implementation and customization fees
  • Mandatory monthly hosting fees
  • Selected support and maintenance tier fees

6.2 Implementation Fees

Implementation fees are quoted separately and include:

  • Initial setup and configuration
  • Custom module development as per agreed scope
  • Training for agreed number of users
  • Go-live support

6.3 Hosting Fees

  • Monthly hosting fees are included in user licensing
  • Hosting includes all infrastructure, backup, and security services
  • Fees based on number of users and resource usage

6.4 Support and Maintenance Fees

  • Based on selected support tier (Basic/Standard/Premium)
  • Monthly or annual payment options
  • Fees subject to annual review

6.5 Payment Terms

  • Payment terms: 30 days from invoice date unless otherwise agreed
  • All fees are inclusive of VAT and other applicable taxes

7. INTELLECTUAL PROPERTY

7.1 DATTEC Intellectual Property

DATTEC retains all intellectual property rights to:

  • Custom modules developed by DATTEC (unless otherwise agreed)
  • Implementation methodologies and documentation
  • Training materials
  • Hosting infrastructure and configurations

7.2 Customer Data

You retain all rights to your business data entered into SWiiB Software, with the understanding that:

  • Data must remain on DATTEC's Rackzar servers
  • DATTEC has the right to access data for support and maintenance
  • Data backups are owned jointly for business continuity

8. SPECIFIC WARRANTY PERIODS

8.1 Development Warranty Coverage

8.1.1 Standard Warranty Period

  • Duration: 30 days from Go-Live date
  • Coverage: All custom modules developed by DATTEC
  • Included: Bug fixes, performance issues, functionality defects
  • Excluded: New features, change requests, user errors

8.1.2 Warranty Services Response Times

  • Critical bugs: 4 hours
  • High priority: 8 hours
  • Medium priority: 24 hours
  • Low priority: 48 hours

9. DATA PROTECTION AND RETENTION

9.1 Data Protection Compliance

Both parties shall comply with:

  • Protection of Personal Information Act (POPIA) of South Africa
  • Any other applicable data protection regulations

9.2 Data Location and Sovereignty

  • All data is stored exclusively on Rackzar servers in South Africa
  • No data transfer outside South Africa without explicit consent
  • Data sovereignty maintained within SA borders

9.3 Data Retention Policies

9.3.1 Operational Data Retention

Data Type

Retention Period

Purpose

Deletion Method

Transaction Records

7 years

Legal/Tax compliance

Automated archival

Customer Data

Active + 2 years

Business continuity

Manual review

User Activity Logs

1 year

Security/Audit

Automated purge

System Logs

90 days

Troubleshooting

Automated rotation

Email Archives

3 years

Compliance

Automated archival

Backup Files

30-90 days

Recovery

Automated deletion

9.3.2 Financial Data Retention

Data Type

Retention Period

Regulation

Storage Method

Invoices

7 years

Tax Act

Secure archive

Payments

7 years

Tax Act

Secure archive

Bank Statements

7 years

FICA

Encrypted storage

Financial Reports

7 years

Companies Act

Read-only archive

9.4 Data Backup and Recovery

  • Daily automated backups on Rackzar infrastructure
  • 30-day backup retention standard
  • Monthly backup verification tests
  • Recovery Point Objective (RPO): 24 hours
  • Recovery Time Objective (RTO): 4 hours

10. INDUSTRY-SPECIFIC COMPLIANCE

10.1 Available Compliance Modules

DATTEC provides industry-specific compliance features for:

10.1.1 Financial Services

  • FICA compliance tools
  • NCA requirements
  • Customer due diligence
  • Transaction monitoring
  • Suspicious activity reporting

10.1.2 Healthcare

  • Patient record management (6 years adults, until 21 for minors)
  • Health Professions Act compliance
  • Prescription tracking
  • Medical privacy controls

10.1.3 Retail and E-Commerce

  • Consumer Protection Act (CPA) compliance
  • ECT Act requirements
  • Return/refund tracking
  • Pricing transparency tools

10.1.4 Manufacturing

  • ISO 9001 documentation support
  • Quality control tracking
  • OHSA compliance records
  • Production record keeping (7 years)

10.2 Compliance Support

  • Quarterly compliance reviews included
  • Regulation update notifications
  • Standard compliance report templates
  • Additional compliance customization available

11. HOSTING SERVICES SPECIFICATIONS

11.1 Infrastructure Specifications

All SWiiB instances hosted on Rackzar servers include:

  • Enterprise-grade server hardware
  • Redundant power and network connectivity
  • 24/7 physical security
  • Climate-controlled environment
  • Regular hardware maintenance

11.2 Performance Standards

  • Uptime Guarantee: 99.5% measured monthly
  • Page Load Time: <3 seconds average
  • Database Response: <500ms average query
  • Concurrent Users: Scaled based on package
  • Storage: Allocated based on requirements

11.3 Security Measures

  • Firewall protection
  • DDoS mitigation
  • SSL/TLS encryption
  • Regular security audits
  • Intrusion detection systems
  • Access control and monitoring

11.4 Maintenance Windows

  • Scheduled Maintenance: Saturdays 02:00-06:00 SAST
  • Emergency Maintenance: As required with notification
  • Maximum Monthly Downtime: 4 hours scheduled

12. CONFIDENTIALITY

Both parties agree to:

  • Keep confidential all proprietary information received from the other party
  • Use confidential information only for purposes of this Agreement
  • Not disclose confidential information to third parties without written consent
  • Return or destroy confidential information upon termination

13. WARRANTIES AND DISCLAIMERS

13.1 DATTEC Warranties

DATTEC warrants that:

  • Services will be performed in a professional manner
  • Custom modules will substantially conform to agreed specifications
  • Hosting infrastructure will meet specified uptime targets
  • We have the right to provide the Services

13.2 Disclaimers

  • NO WARRANTY OF UNINTERRUPTED SERVICE DESPITE UPTIME TARGETS
  • NO WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE BEYOND SPECIFICATIONS
  • NO WARRANTY AGAINST ALL POSSIBLE SECURITY THREATS

14. LIMITATION OF LIABILITY

14.1 Liability Cap

DATTEC's total liability under this Agreement shall not exceed the total fees paid by Customer in the 12 months preceding the claim.

14.2 Exclusions

Neither party shall be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits or business opportunities
  • Data loss beyond DATTEC's backup and recovery commitments

15. TERM AND TERMINATION

15.1 Term

This Agreement commences on the date of acceptance and continues until terminated. Minimum initial term is 12 months due to hosting requirements.

15.2 Termination

Either party may terminate:

  • For material breach with 30 days written notice to cure
  • Immediately for illegal use or security violations

15.3 Data Handling Upon Termination

  • 30-day grace period to retrieve data
  • Data export provided in standard formats
  • All server access terminated
  • Data permanently deleted after grace period
  • No refund of prepaid hosting fees

16. SERVICE LEVEL AGREEMENT

16.1 Support Tiers

Basic Support

  • Business hours support (08:00-17:00)
  • Email and ticket system
  • Monthly incident limit: 10
  • Included with hosting

Standard Support

  • Business hours support
  • Email, ticket, and phone support
  • Monthly incident limit: 25
  • Quarterly health checks

Premium Support

  • 24/7 support availability
  • All communication channels
  • Unlimited incidents
  • Monthly health checks
  • Dedicated account manager

17. GENERAL PROVISIONS

17.1 Governing Law

This Agreement is governed by the laws of South Africa. Any disputes shall be resolved in South African courts.

17.2 Entire Agreement

This Agreement constitutes the entire agreement between parties and supersedes all prior agreements.

17.3 Amendments

Amendments must be in writing and signed by both parties. DATTEC may update hosting and security provisions with 60 days notice.

17.4 Force Majeure

Neither party liable for delays due to circumstances beyond reasonable control, including but not limited to load shedding impacts on infrastructure.

17.5 Assignment

Customer may not assign this Agreement without DATTEC's written consent. Customer acknowledges that hosting services cannot be transferred.

17.6 Severability

If any provision is found invalid, the remaining provisions continue in effect.

17.7 Notices

All official notices must be in writing to the addresses specified below.

18. DATA BREACH PROCEDURES

18.1 DATTEC Responsibilities

In event of a security breach:

  • Immediate containment measures
  • Customer notification within 24 hours
  • Regulatory notification within 72 hours (POPIA)
  • Full investigation and report
  • Remediation implementation

18.2 Customer Cooperation

  • Immediate reporting of suspected breaches
  • Cooperation with investigation
  • Implementation of recommended measures
  • Maintaining incident confidentiality

19. CONTACT INFORMATION

DATTEC (Pty) Ltd
76 Smuts Avenue, Cinderella, Boksburg
Boksburg, JHB, 1459
South Africa

Support Contacts:

  • Email: support@dattec.co.za
  • Emergency: 087 138 5000 

20. ACCEPTANCE

By using SWiiB Software, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

APPENDIX A: HOSTING SPECIFICATIONS

Standard Hosting Package Includes:

  • Ubuntu Linux 22.04 LTS
  • PostgreSQL 14+ Database
  • Nginx Web Server
  • Python 3.10+ Environment
  • Automated daily backups
  • SSL certificate
  • Firewall protection
  • 99.5% uptime SLA

APPENDIX B: ACCEPTABLE USE POLICY

Prohibited Activities on Hosted Infrastructure:

  1. Attempting to access server root or system files
  2. Installing unauthorized software
  3. Cryptocurrency mining
  4. Mass mailing or spamming
  5. Hosting illegal content
  6. Excessive resource consumption
  7. Network attacks or scanning
  8. Circumventing security measures
  9. Sharing access credentials
  10. Any activity that impacts other customers

Consequences of Violations:

  • First violation: Written warning
  • Second violation: Service suspension (24 hours)
  • Third violation: Contract termination
  • Severe violations: Immediate termination

APPENDIX C: DATA PROCESSING ADDENDUM

DATTEC as Data Processor:

  • Processes data only per customer instructions
  • Maintains confidentiality of all data
  • Implements appropriate security measures
  • Assists with compliance obligations
  • Deletes data upon termination
  • Allows compliance audits

Customer as Data Controller:

  • Determines purposes of processing
  • Ensures lawful basis for processing
  • Manages data subject rights
  • Maintains processing records
  • Handles consent management

Terms and Conditions Version: 2.0
Last Updated: 28/05/2025