MYCITO Terms of Service

MYCITO Terms of Service

1) Interpretation

• 1.1) The following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings -
  • 1.1.1) "AGREEMENT" - means these terms and conditions, and all annexures hereto (as set out in the completed and accepted MYCITO* SaaS Agreement), as may be amended from time to time in accordance with the provisions of this AGREEMENT.
  • 1.1.2) "BUSINESS DAY" - means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.
  • 1.1.3) "TIME" - means any local South African time.
  • 1.1.4) "SUBSCRIBER" - means the entity, specified as the CLIENT in the AGREEMENT.
  • 1.1.5) "EFFECTIVE DATE" - means the start date of this AGREEMENT, being the date on which this AGREEMENT was signed.
  • 1.1.6) "MYCITO* WEBSITE" - means the website www.mycitoapp.com.
  • 1.1.7) "MYCITO*" - means MYCITO* Business Management Solutions (PTY) LTD (Registration Number 2014/098386/07.
  • 1.1.8) "SOFTWARE" - means the MYCITO* software which is made available to the SUBSCRIBER through this AGREEMENT.
  • 1.1.9) "SERVICE(s)" - means the MYCITO* service(s) which are made available in and around the SOFTWARE that is provided by MYCITO*.
  • 1.1.10) "USER(s)" - means the named users that are authorised to access and use the SOFTWARE in therm of this AGREEMENT.
  • 1.1.11) "HELP" - means the electronic help content available on the MYCITO* WEBSITE.
  • 1.1.12) "DAYS" - where any number of days is to be calculated, such number shall be calculated as excluding the first day and including the last day . If the last day does not fall on a BUSINESS DAY, the last day shall be deemed to fall on the next BUSINESS DAY.
  • 1.1.13) "CALENDAR DAYS" - any reference to days (other than a reference to BUSINESS DAYS), weeks, months or years shall be a reference to calendar days, weeks, months or years, as the case may be.

2) Use of this Service

• 2.1) MYCITO* hereby allows the SUBSCRIBER to use the SOFTWARE, subject to the terms and conditions of this AGREEMENT, on a non-exclusive and non-transferable basis.

3) Obligations of MYCITO*

• 3.1) For the duration of this AGREEMENT, MYCITO* shall provide the SUBSCRIBER with the following maintenance and support services in relation to the SOFTWARE:
  • 3.1.1) MYCITO* will provide adequately skilled technical staff to provide technical assistance and ongoing technical expertise, support and advice to the SUBSCRIBER on BUSINESS DAYS for the purpose of enabling the SUBSCRIBER to adequately use the SOFTWARE.
    • 3.1.1.1) Such SOFTWARE support will be free of charge and limited to online FAQ (Frequently Asked Questions) accessible on the MYCITO* WEBSITE, email services, texting services, telephone calls and online meeting services.
    • 3.1.1.2) Any onsite SOFTWARE support will be charged to the SUBSCRIBER in accordance with MYCITO* costing.
  • 3.1.2) MYCITO* will maintain the SOFTWARE by diagnosing problems and correcting legitimate errors.
  • 3.1.3) MYCITO* will create periodic backups of all SUBSCRIBER data and files within the SOFTWARE.
  • 3.1.4) MYCITO* will provide periodic patches, updates and upgrades to the SOFTWARE.
• 3.2) Within two BUSINESS DAYS of logging an issue and/or request regarding the SOFTWARE, MYCITO* will respond electronically and endeavour to address the logged issue and/or request under the following classifications;
  • 3.2.1) BUSINESS CRITICAL issues will be patched within 48 HOURS from confirmation.
  • 3.2.2) HIGH issues will be patched within 7 DAYS from confirmation.
  • 3.2.3) NORMAL issues will be patched within 14 DAYS from confirmation.
  • 3.2.4) ENHANCEMENT requests will be deployed with scheduled monthly upgrades following confirmation and MYCITO* standard code enhancement project flows.
• 3.3) Other than the aforementioned listed SERVICE(s), MYCITO* shall not be obliged to provide any other maintenance and support services to the SUBSCRIBER in relation to the SOFTWARE and should MYCITO* elect to do so, such additional services shall be charged to the SUBSCRIBER in accordance with MYCITO* costing.
• 3.4) For the avoidance of doubt it is recorded that SERVICE(s) rendered by MYCITO* in connection with the following shall not form part of the obligations of MYCITO* and shall be charged at MYCITO* standard rates:
  • 3.4.1) connection problems related to accessing the SOFTWARE where such problems are related to the SUBSCRIBER‘s infrastructure or Internet Service Provider;
  • 3.4.2) support of other software (other than the MYCITO* SOFTWARE), accessories, attachments, machines, systems or other devices not supplied by MYCITO*;
  • 3.4.3) rectification of lost or corrupted data or files arising for any reason other than MYCITO* gross negligence. MYCITO* will endeavour to recover lost or corrupted data and files electronically using application functionality, utilities or operating system commands, but it will not do so by using manual capture methods or the like;
  • 3.4.4) attending on faults caused by the SUBSCRIBER utilising the SOFTWARE outside the parameters set by MYCITO*, including but not limited to:
    • 3.4.4.1) utilisation outside the design or other specifications in regard to the SOFTWARE and
    • 3.4.4.2) utilisation outside the permission set forth in this AGREEMENT or in any training and support material supplied by MYCITO* in respect of the SOFTWARE.
  • 3.4.5) loss or damage caused directly or indirectly by the negligent or incorrect use of the SOFTWARE by the SUBSCRIBER;
  • 3.4.6) diagnosis and/or rectification of problems not associated with the SOFTWARE.
  • 3.4.7) any additional training, non-MYCITO*, not related to the SOFTWARE which may be required by the SUBSCRIBER.
  • 3.4.8) any operational processes which may be required by the SUBSCRIBER in respect of the SOFTWARE that can be preformed by the USERS.
• 3.5) MYCITO* shall not be liable for any loss (including but not limited to loss of data, profits and goodwill), liability, damages (whether direct, indirect or consequential) or expense of whatsoever nature and howsoever arising as a result of MYCITO* failure, delay or inability to perform any of the maintenance and support services on the SOFTWARE.

4) Obligations of the MYCITO* Team Members

• 4.1) For the duration of the AGREEMENT the MYCITO* TEAM MEMBERS shall provide the SUBSCRIBER with the following user support services in retaltion to the SOFTWARE:
  • 4.1.1) adequately skilled staff to provide user assistance and ongoing consulting expertise, training, technical support and advice in the form of a remote or onsite TEAM MEMBERS to the SUBSCRIBER on BUSINESS DAYS for the purpose of enabling the SUBSCRIBER to adequately use the SOFTWARE by;
    • 4.1.1.1) testing for operational integrity and alignment to the SUBSCRIBER requirements,
    • 4.1.1.2) consulting the SUBSCRIBER USERS on best-of-use practices,
    • 4.1.1.3) tracking and/or managing logged issues, tasks, bugs and alteration requests.
    • 4.1.1.4) scheduling and chairing periodic project meetings,
    • 4.1.1.5) consulting on best-of-breed workflow process alignments to the SOFTWARE features and functionality,
    • 4.1.1.6) roadmap adoption and implementation strategies for SOFTWARE features and functionality.
    • 4.1.1.7) train and provide technical support to SUBSCRIBER USERS both onsite and remotely,
    • 4.1.1.8) report on tasks, time utilisation, financial status and SUBSCRIBER USER training, attendance, evaluation, certification and activity after conduct training sessions on SOFTWARE.

5) Obligations of Licensee

• 5.1) The SUBSCRIBER shall at its cost -
  • 5.1.1) obtain free hosting with MYCITO* or a dedicated server with MYCITO* with the required hardware, software and all communications equipment required to connect to and access the SOFTWARE 24/7 from anywhere in the world with no additional costs relate to bandwidth utilisation and other such fees that may arise from normal daily use of the SOFTWARE.
  • 5.1.2) provide its own security policies, systems and procedures, so to ensure the integrity and security of its data and files (including password policies and employee termination procedures);
  • 5.1.3) use the SOFTWARE in accordance with any MYCITO* instructions that are set out on the MYCITO* SITE from time to time.
  • 5.1.4) use the SOFTWARE solely for the purpose for which it is designated or intended;
  • 5.1.5) immediately notify MYCITO* of any defects or faults in the SOFTWARE;
  • 5.1.6) immediately notify MYCITO* of any suspected security breach or compromised account details.
• 5.2) The SUBSCRIBER warrants that it understands the logical access mechanisms associated with the SOFTWARE to limit access to data and files only to authorised users. It is the sole responsibility of the SUBSCRIBER to configure the required logical access controls within its organisation.
• 5.3) The SUBSCRIBER undertakes, for the duration of this AGREEMENT, that it will not procure the provision of maintenance, support and training services or any other services in respect of the SOFTWARE from any third party expressly prohibited by MYCITO* in writing from time to time.
• 5.4) The SUBSCRIBER shall ensure that its access to the MYCITO* SITE and the use of the SOFTWARE is not illegal or prohibited by laws that apply to it. The MYCITO* SITE may not satisfy the laws of every country. It is the SUBSCRIBER‘s responsibility to ensure whether the MYCITO* SITE and the use of the SOFTWARE is not contrary to the laws of the jurisdiction where it operates or is based.

6) Term and Termination

• 6.1) In respect of the SOFTWARE, this AGREEMENT shall commence on the EFFECTIVE DATE and shall continue thereafter indefinitely with annual renewal, until terminated by either party giving the other at least 30 DAYS prior written notice of termination before annual renewal date.
• 6.2) Notwithstanding any other provision of this AGREEMENT, on termination of this AGREEMENT for any reason whatsoever ("termination date") -
  • 6.2.1) any amounts due and owing to MYCITO* shall immediately be paid to MYCITO* as per normal SOFTWARE costing and
  • 6.2.2) MYCITO* shall be entitled to block all access to the SOFTWARE on the hosting or dedicated server and
  • 6.2.3) MYCITO* shall be entitled to permanently delete and destroy all copies of the SUBSCRIBER(s) data and files on the hosting or dedicated server, following the last and final backup of all the SUBSCRIBER data and files within the SOFTWARE.

7) Fees and Payment

• 7.1) This AGREEMENT is subject to the FEES RATES as payment schedule as agreed in writing between the SUBSCRIBER and MYCITO* in the attache PROPOSAL document as ANNEXURE C.
  • 7.1.1) Where said PROPOSAL document does not contain a FEE the standard MYCITO* FEE will apply as published from time-to-time on the MYCITO* SITE.
• 7.2) The SUBSCRIBER shall pay the full ACTIVATION fee before activation and deployment on the MYCITO* hosting or dedicated server.
• 7.3) In consideration for the access to and use of the SOFTWARE, the SUBSCRIBER shall pay fees monthly on the 25th of each month for the total NAMED USERS of the preceding month and any dedicated server and MYCITO* TEAM fees for the coming month where and when applicable.
• 7.4) MYCITO* shall charge the SUBSCRIBER in accordance with MYCITO* standard consulting rates, from time to time, for any additional work that may be commissioned by the SUBSCRIBER.
• 7.5) All fees and charges are payable by the SUBSCRIBER without deduction or set off of any nature, free of exchange, bank costs and other charges.
• 7.6) MYCITO* shall be entitled to increase all rates, fees and charges annually on the 28th of February every year by no more than 10%.
• 7.7) Unless otherwise clearly stipulated, all fees and charges payable under this AGREEMENT are exclusive of VAT and any other statutory levies, taxes and imposts (collectively referred to as "taxes"), and such taxes shall be paid by the SUBSCRIBER.
• 7.8) MYCITO* shall be entitled, on or before the first day of each month, to e-mail the SUBSCRIBER, at the e-mail address provided hereto, an electronic invoice setting out -
  • 7.8.1) the amount due by the SUBSCRIBER to MYCITO*,
  • 7.8.2) VAT on all amounts due by the SUBSCRIBER to MYCITO* and
  • 7.8.3) the net amount due and payable by the SUBSCRIBER to MYCITO* in respect of each such invoice.
• 7.9) The SUBSCRIBER shall pay the full amount set out in each invoice furnished by MYCITO* within 7 DAYS of receipt of such invoice by electronic funds transfer into such bank account as may be nominated by MYCITO* in writing from time to time.
• 7.10) The SUBSCRIBER shall not under any circumstances be entitled to withhold payment of any amount due under this AGREEMENT.
• 7.11) in the event that the SUBSCRIBER fails to make due and timeous payment of any amount owing to MYCITO* under this AGREEMENT -
  • 7.11.1) MYCITO* shall be entitled to suspend the access to the SOFTWARE and supply of all SERVICE(s) as specified in this AGREEMENT, until such time as the SUBSCRIBER has paid such fees; and
  • 7.11.2) such amount shall bear various administrative and legal fees until payment thereof has been received by MYCITO* in full; and
  • 7.11.3) MYCITO* shall have no obligation to preserve any of the SUBSCRIBER(s) data and files that may have been captured by using the SOFTWARE.
• 7.12) Should any dispute arise out of the provisions of this clause and failing AGREEMENT between the parties, a certificate under the hand of MYCITO* auditor shall be final and binding on the parties.

8) Intellectual Property

• 8.1) All right and title in and to the SOFTWARE, including without limitation any and all of the trade names, trademarks, copyrights, source codes, and other intellectual property rights used or embodied in or in connection with the SOFTWARE, including any documentation or manuals in relation thereto, shall be and remain the sole property of MYCITO* and no intellectual property rights therein are granted or assigned under this AGREEMENT. The SUBSCRIBER shall not at any time in any way question or dispute the ownership of MYCITO* of any such item and undertakes not to infringe or prejudice any rights of MYCITO* in and to the SOFTWARE.
• 8.2) In the event that new copyright, inventions, designs or processes evolve in the performance of or as a result of this AGREEMENT, the SUBSCRIBER acknowledges that such new inventions, designs or processes shall be the property of MYCITO* unless otherwise agreed to in writing by MYCITO*.
• 8.3) Neither party shall acquire any right, title or interest (without the prior written consent of the other party) entitling it to use the name, service marks, trademarks or logos of the other. The parties undertake in favor of one another not to perform any act, which would injure the reputation or goodwill attaching to their respective names and trademarks or which would prejudice their rights in and to such names and trademarks.

9) Content and Digital Assets

• 9.1) All digital assets, including: images, audio, video, music, movies and/or photos provided by MYCITO* will be considered free of any rights unless such rights are specified by control licenses or conditions of use. Any digital assets, inclusive of those mentioned above provided to MYCITO* by the SUBSCRIBER will be assumed to be the property of or licensed to the SUBSCRIBER. The SUBSCRIBER assuming full legal responsibility for use of such digital assets.
• 9.2) All content, text, photos, documents or images which are supplied, uploaded or captured by either the SUBSCRIBER or MYCITO* will be assumed to be the property of the SUBSCRIBER and the SUBSCRIBER being holder of all copyrights thereof. MYCITO* will not accept any responsibility for any contravention of any law caused by the uploading or capturing of any content done on behalf of the SUBSCRIBER by MYCITO*.

10) Confidentiality

• 10.1) The SOFTWARE and all information, data, drawings, documentation, manuals, source and object codes relating thereto (collectively referred to as the "trade secrets") are proprietary to MYCITO* and constitute trade secrets and confidential information of MYCITO*.
• 10.2) Each party shall, for the duration of this AGREEMENT, keep all written instructions, drawings, notes, memoranda, manuals or records and any trade secrets of the other party which comes into its possession, in strict confidence and will not divulge any such information to any third party or use any such information other than as contemplated in this AGREEMENT.
• 10.3) The SUBSCRIBER further agrees that it shall not attempt to and shall not, directly or indirectly, modify, vary, enhance, decompile, disassemble, reverse engineer, copy, sell, lease, license, sub-license or otherwise deal with the SOFTWARE or any part, variation, modification, copies, releases, versions or enhancements thereof or any supporting software or have any software or other program written or developed for it based on any confidential information or trade secrets supplied to it by MYCITO* or which it becomes possessed of pursuant to this AGREEMENT, save and except with the prior written consent of MYCITO*.

11) Data Protection

• 11.1) MYCITO* acknowledges that in providing the SOFTWARE to the SUBSCRIBER, MYCITO* may be exposed to certain data and files of the SUBSCRIBER ("DATA & FILES").
• 11.2) The parties specifically record that all DATA & FILES provided or to which MYCITO* may be exposed, shall constitute Confidential Information and where applicable, intellectual property belonging to the SUBSCRIBER.
• 11.3) MYCITO* hereby warrants and undertakes that it shall not, at any time, copy, compile, collect, collate, process, mine, store, transfer, alter, delete, interfere with or in any other manner use DATA & FILES for any purpose other than to the extent necessary to provide the SOFTWARE to the SUBSCRIBER, without the express prior written consent of the SUBSCRIBER.
• 11.4) MYCITO* further warrants that it shall ensure that all its systems and operations which it uses to provide the SOFTWARE, including all systems on which DATA is copied, compiled, collated, processed, transmitted, stored, collected, mined, altered or deleted or otherwise used as part of providing the SOFTWARE, shall at all times be of a standard no less than the standards which are in compliance with the international best practice for the protection, control and use of data within the industry in which MYCITO* operates.

12) Fair Use and Usage Restrictions

• 12.1) The SOFTWARE provides for customer data to be accessed programmatically via a number of mechanisms including programmatic web access, web services, and e-mail based integration. MYCITO* reserves the right to terminate such access or otherwise suspend access to the SOFTWARE without notice if such programmatic access, at its sole discretion, is deemed to be excessive, malicious or if it adversely affects its ability to provide the SOFTWARE.
• 12.2) The SOFTWARE provides the capability for the SUBSCRIBER to store files. Although there are no restrictions on the number or aggregate size of the files stored other than the physical limitations of the dedicated server hardware, MYCITO* reserves the right to limit or otherwise prevent the storage of files if, at its sole discretion such file storage does not constitute fair use.
• 12.3) The SOFTWARE may not be accessed by a direct competitor of MYCITO* (or an employee, contractor or agent thereof) without the prior written consent of MYCITO*.

13) Warranties

• 13.1) MYCITO* warrants to the SUBSCRIBER that:
  • 13.1.2) it has the necessary resources and skills to comply with its obligations in terms of this AGREEMENT;
  • 13.1.1) it has the right to grant to the SUBSCRIBER the rights granted in this AGREEMENT;
  • 13.1.3) the SOFTWARE will perform in accordance with the description set out on the MYCITO* SITE.
• 13.2) No other warranties, whether express, implied in law or residual, including, without limitation, the warranties of merchantability and fitness for a particular purpose of the SOFTWARE, are made by MYCITO*.

14) Limitation of Liability

• 14.1) No party shall have any claim against the other in respect of any loss, claim, action, damage, or expense suffered or sustained by the other party pursuant to a breach by that party of its obligations under this AGREEMENT, unless such loss, claim, action, damage or expense arises out or is attributable to a negligent act or omission on the part of the other party.
• 14.2) Notwithstanding anything to the contrary contained in this AGREEMENT, MYCITO*‘s maximum aggregate liability for any loss, damage or expense of whatsoever nature that may arise in respect of the AGREEMENT shall be limited to 25% of the annual maintenance fee only.

15) Domiculium and Notices

• 15.1) MYCITO* may give notice by means of a general notice on the SOFTWARE or electronic mail to the SUBSCRIBER‘s e-mail address on record in MYCITO* account information. Such notice shall be deemed to have been given upon the expiration of 24 HOURS after sending.
• 15.2) SUBSCRIBERS may give notice to MYCITO* (such notice shall be deemed given when received by MYCITO*) at any time by electronic mail to accounts@mycitoapp.com

16) Publicity

• 16.1) For the duration of this AGREEMENT MYCITO* shall be entitled to publish notification of the existence of this AGREEMENT in any list indicating the identity of the SUBSCRIBER as being a SUBSCRIBER of MYCITO* utilising the SOFTWARE.

17) Force Majeure

• 17.1) If either party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this AGREEMENT by reason of any event constituting force majeure, then the other party shall be relieved of its obligations hereunder during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations under this AGREEMENT during such period.
• 17.2) An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of that party including vis major, casus fortuitus, any act of God, strike, theft, fire, explosion, riot, insurrection or other civil disorder, war (whether declared or not) or military operations, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control and shortage of transport facilities, the downtime of any external line.
• 17.3) Should the force majeure continue for a period of longer than 30 (THIRTY) DAYS, either party may cancel this AGREEMENT.

18) Assignment

• 18.1) MYCITO* shall be entitled to transfer all or any of its rights or obligations in terms of this AGREEMENT without the prior written consent of the SUBSCRIBER, provided that, in the event of the transfer of obligations, the assignee is capable of fulfilling MYCITO* obligations under this AGREEMENT .
• 18.2) The SUBSCRIBER may not cede, assign or otherwise transfer (collectively "transfer") any of its rights and/or obligations under this AGREEMENT to another party without written consent from MYCITO* and finalisation of a new AGREEMENT with the recipient party.

19) Applicable Law and Jurisdiction

• 19.1) Save as otherwise provided herein, the parties hereby consent and submit to the non-exclusive jurisdiction of the North Gauteng Division of the High Court of the Republic of South Africa for the purpose of all or any legal proceedings arising from or concerning this AGREEMENT.
• 19.2) This AGREEMENT (including its validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the parties in terms of and arising out of the conclusion, breach and termination of the provisions of this AGREEMENT) shall be interpreted and governed in all respects by the laws of the Republic of South Africa.
• 19.3) This AGREEMENT constitutes the sole record of the agreement between the parties in regard to the subject matter thereof, and supersedes all previous agreements, understandings and arrangements between the parties, whether written or oral.
• 19.4) Neither party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.
• 19.5) No indulgence which either party may grant to the other shall constitute a waiver of any of the rights of the grantor.

20) Amendments

• 20.1) MYCITO* reserves the right to amend the terms and conditions of this AGREEMENT at any time with notice. The SUBSCRIBER shall be informed of such amendments by e-mail or by notice on the MYCITO* SITE.

ANNEXURE A

Roles and Duties

The following roles and duties can be preformed by the MYCITO* TEAM provided under this AGREEMENT for the MYCITO* SOFTWARE only and does not cover internal SUBSCRIBER specific team roles and duties.

• MYCITO* SOFTWARE Project Management and Implementation into the SUBSCRIBER
• DATA & FILE Migration and integration between the SOFTWARE and 3rd Party services where available
• User Training, Coaching & Support on the SOFTWARE
• Custom Development & SOFTWARE enhancements
• Custom Design of SOFTWARE communication and certificate templates

1) Team Members

• 1.1) MYCITO* will provide adequately skilled TEAM MEMBER(s) to provide the aforementioned ROLES AND DUTIES to the SUBSCRIBER for the duration of this AGREEMENT.
• 1.2) The SUBSCRIBER may opt to increase or decrease TEAM MEMBER(s) with a minimum 30 DAYS notice subject to pre-authorisation of fee changes in writing between the SUBSCRIBER and MYCITO* though the total number of TEAM MEMBER(s) may never be reduced to less than one.

2) Code of Conduct

• 2.1) All TEAM MEMBER(s) of both MYCITO* and the SUBSCRIBER will at all times;
  • 2.1.1) present themselves in a professional manner equal and grater to all the brands they represent onsite, virtually and any other venue deemed by the SUBSCRIBER in all manners related to code of conduct and;
  • 2.1.2) abide by both MYCITO* and any applicable SUBSCRIBER HUMAN RESOURCE policies relating to code of conduct at SUBSCRIBER premises.

3) Working Hours

• 3.1) MYCITO* BUSINESS HOURS are 8:00am - 17:00pm on all BUSINESS DAYS in South Africa;
• 3.2) Onsite TEAM MEMBER(s) must be scheduled minimum 1 WEEK in advance and;
  • 3.2.1) may only be scheduled to preform onsite duties between BUSINESS HOURS on BUSINESS DAYS;
  • 3.2.2) allow for a maximum 1 HOUR travel time from MYCITO* offices or ACCOMMODATION venue to the SUBSCRIBER from 8:00am - 9:00am and 1 HOUR travel from the SUBSCRIBER premises to MYCITO* offices or ACCOMMODATION venue from 16:00pm - 17:00pm and be;
  • 3.2.3) entitled to 1 HOUR lunch break to be taken from 12:00pm - 13:00pm;
  • 3.2.4) all overtime must be pre-authorised in writing between the SUBSCRIBER and MYCITO* and overtime will be billed;
    • 3.2.4.1) at normal MYCITO* rate for working hours during BUSINESS HOURS.
    • 3.2.4.2) at normal MYCITO* rate time one-and-a-half (1.5x) for hours outside BUSINESS HOURS and BUSINESS DAYS
    • 3.2.4.3) at normal MYCITO* rate times (2x) for hours outside BUSINESS DAYS.
• 3.3) The SUBSCRIBER will be notified;
  • 3.3.1) no later that 10:00am of a TEAM MEMBER absence by their direct reporting manager at MYCITO* in the event of a no-show and an alternate TEAM MEMBER will be made available in the interim to meet the aforementioned ROLES AND DUTIES.
  • 3.3.2) 1 DAY in advance of a TEAM MEMBER schedule change for the current week;
  • 3.3.3) 1 WEEK in advance of an alternate TEAM MEMBER to meet the aforementioned ROLES AND DUTIES in the event of extended leave or unavailability or termination of the current TEAM MEMBER.
• 3.4) TEAM MEMBER(s) may not partake in any EVENTS both onsite at the SUBSCRIBER premises or at any other venue during WORKING HOURS without the pre-authorisation in writing between MYCITO* and the SUBSCRIBER.

4) Onsite

• 4.1) All aforementioned onsite ROLES AND DUTIES will be preformed at the SUBSCRIBER premises as specified in this AGREEMENT and any other location must be pre-authorised in writing between MYCITO* and the SUBSCRIBER.
• 4.2) The SUBSCRIBER will provide adequate working space onsite or at an alternative premises for the full duration of this AGREEMENT that will include;
  • 4.2.1) an uncluttered desk within an air-conditioned space with a working chair ergonomically designed for office use;
  • 4.2.2) power outlet to power a notebook and charge a cellphone
  • 4.2.3) internet connection to the server hosting the SOFTWARE;
  • 4.2.4) access to a bathroom and drinkable water;
  • 4.2.5) access to a tea, lunch and smoking area
  • 4.2.6) security registration and accessories to access the premises and working space during BUSINESS HOURS on BUSINESS and other DAYS as required by the SUBSCRIBER.

5) Reporting Structure

• 5.1) TEAM MEMBER(s) will only report to;
  • 5.1.1) their direct MYCITO* line manager and;
  • 5.1.2) one predefined SUBSCRIBER line manager;
• 5.2) All tasks assigned to the TEAM MEMBER(s) must be pre-authorised in writing between the SUBSCRIBER and MYCITO* if said;
  • 5.2.1) tasks are assigned by any other party than the aforementioned line managers or;
  • 5.2.2) tasks fall outside the scope of the aforementioned ROLES AND DUTIES.

6) Flights

• 6.1) All TEAM MEMBER(s) flight(s) are billed at a fixed rate 1 MONTH in advance as per predefined project plan or schedule by MYCITO*;
  • 6.1.1) rates include 1 FLIGHT fee, taxes and transfer charge to and from MYCITO* offices to the airport;
  • 6.1.2) all return flights are charged at double the fixed rate;
  • 6.1.3) the SUBSCRIBER will be;
    • 6.1.3.1) billed for any flight fees, taxes and/or transfers in excess of the fixed rate as per detailed expenses report and;
    • 6.1.3.2) credited for any flights not booked as per predefined project plan or schedule.

7) Car Rental / Travel

• 7.1) All TEAM MEMBER(s) car rental(s) or own vehicle travel are billed at a fixed rate 1 MONTH in advance as per redefined project plan or schedule by MYCITO* ;
  • 7.1.1) rate includes rental fees, petrol and toll charges to and from MYCITO* offices, the airport or ACCOMMODATION VENUE;
  • 7.1.2.2) credited for any car rental / travel not booked as per predefined project plan or schedule.

8) Accommodation

• 8.1) All TEAM MEMBER(s) accommodation is billed 1 MONTH in advance as per predefined project plan or schedule by MYCITO*;
  • 8.1.1) rate includes 1 NIGHT accommodation, dinner and breakfast;
  • 8.1.2) all accommodation is booked 1 ROOM per TEAM MEMBER;
  • 8.1.3) the SUBSCRIBER will be;
    • 8.1.3.1) billed for any accommodation in excess of the fixed rate as per detailed expenses report and;
    • 8.1.3.2) credited for any accommodation not booked as per predefined project plan or schedule.

ANNEXURE B

Training

The following list details the training options available to the SUBSCRIBER USER directly from MYCITO* to be conducted either at the MYCITO* ACADEMY, an accredited training venue, online or at the SUBSCRIBER premises.

• Half Day Training Workshop
• Full Day Training Workshop
• One-on-One User Coaching

1) User Training

• 1.1) Each USER attending a training session shall;
  • 1.1.1) sign his/her signature next to their name on the attendance register on arrival or online check-in for each individual training session, else they will be marked absent;
  • 1.1.2) receive 1 printed or digital copy of the training material for said training session only;
  • 1.1.3) dress appropriately and conduct themselves as per the underwritten code of conduct by the SUBSCRIBER Human Resources department regardless of physical or digital venue for the training;
  • 1.1.4) arrive a minimum of 30 minutes in advance for physical and check-in a minimum of 5 MINUTES in advance for digital before the start time of a training session, else they may be marked absent;
  • 1.1.5) and leave not earlier than 30 MINUTES before the end for physical and check-out not earlier than 5 MINUTES before the end for digital of a training session, else they may be marked as absent;
  • 1.1.6) be equipped with a notebook or similar computer for the practical section of the training session to be provided by;
    • 1.1.6.1) the user themselves if they have a notebook;
    • 1.1.6.2) the SUBSCRIBER if training is conducted onsite at the SUBSCRIBER premises other venue;
    • 1.1.6.3) MYCITO* if training is conducted at MYCITO* ACADEMY or accredited venue.
  • 1.1.7) be entitled to tea, lunch, bathroom and smoke breaks as per the training facilitator agenda.

2) Scheduling and cancelations

• 2.1) The MYCITO* TEAM MEMBER(s) shall;
  • 2.1.1) booking the SUBSCRIBER USERS a minimum 2 WEEKS in advance;
  • 2.1.2) reminding the users a minimum 1 WEEK in advance;
  • 2.1.3) ordering printed user training material a minimum 1 WEEK in advance;
  • 2.1.4) printing and issuing both user attendance and security registers a minimum 1 DAY in advance;
  • 2.1.5) liaise with venue organiser before, during and after training;
  • 2.1.6) capturing post user training attendance register, evaluation forms, expense invoices and/or receipts, scanning and digitally filing all evidence material including but not limited to the attendance register and any expense receipts;
  • 2.1.7) generate and issue user attendance certificates;
  • 2.1.8) report to both the SUBSCRIBER and MYCITO* line managers on USER training statuses.
• 2.2) The SUBSCRIBER;
  • 2.2.1.) may reschedule or cancel or substitute scheduled USERS or the whole training session up to 2 WEEKS before training date, thereafter the total training fee for said training session or absent attendee will be payable as rescheduling or cancellation penalty by the SUBSCRIBER.

3) Own Venue

• 3.1) The SUBSCRIBER may opt for training onsite or at another training venue as long as the venue:
  • 3.1.1) is adequately equipped for training;
  • 3.1.2) can accommodate 1 FACILITATOR and minimum 5 ATTENDEES;
  • 3.1.3) has power connectors for minimum 6 NOTEBOOKS or desktop workstations and 1 PROJECTOR or computer connectable TELEVISION;
  • 3.1.4) has intenet connection to the SOFTWARE;
  • 3.1.5) is an inclosed indoor space that is air-conditioned;
  • 3.1.6) has access to a bathroom and drinkable water;
  • 3.1.7) has access to a lunch and smoking area;
  • 3.1.8) provides refreshments for HALF DAY training workshops and lunch for FULL DAY training workshops;
  • 3.1.9) is secure and easily accessible during BUSINESS DAYS in South Africa.