Terms and Conditions | iX Online Motoring

iX Terms & Conditions

1. Payment for services

  1. Invoicing and payment-
    1. Subscription fees are invoiced at the beginning of the month and payable within the month.
    2. Setup fees are payable before work commences. Only half of website setup fees are payable before work commences, and the balance on completion.
    3. For new services where no setup fees are payable, the first month’s subscription fees are payable in advance.
    4. iv. PPC out-costs, like Google Adwords and Facebook Boosts, are payable before the service commences. Allow 2 working days for processing.
    5. Other 3rd party costs, such as DMS fees, are payable directly to the 3rd party.
  2. Pricing-
    1. i. Unless otherwise notified in writing, all prices increase by CPI + 3% on the 1st of January each year.
    2. Further adjustments to pricing may happen from time to time, subject to one calendar months’ notice, due to-
      1. Scope creep,
      2. Changes to the services,
      3. Changes to related costs, and or
      4. Bringing pricing in line with the market.
    3. Bandwidth and SMS costs: All products are subject to bandwidth, storage space and SMS limits. Unless specified otherwise, the limits amount to 500MB and 50 SMS messages per month, and 1GB of storage. Additional usage and storage will be charged at 10c per MB and 29c per SMS.
    4. Pricing excludes VAT.
    5. Whilst iX does not do bespoke development, changes to Dealer Gateway, Smart Manager and Engine 5 Widgets will be decided based on merit and availability of development resources.

2. Cancellation of services

  1. 1 calendar months’ notice is required by either party, subject to a minimum initial subscription period of 3 months.
  2. In the event that iX cancels a service, any setup fees paid for that service within the 12 months prior to the cancellation effective date will be refunded to the Subscriber.

3. Data privacy

  1. The Parties warrant that they shall at all times strictly comply with all applicable legislation and specifically the Protection of Personal Information Act 4 of 2013 (POPIA), as amended, as and when it becomes effective, and with all the provisions and requirements of any internal information protection policies and procedures of the other Party which may be in force from time to time.
  2. If any data protection legislation comes into force in the Republic of South Africa, the provisions of which extends greater protection to the Confidential Information than the protection afforded by the provisions set out in this agreement (to which this Annexure B is attached), such provisions will prevail over the aforementioned provisions.
  3. The data privacy provisions set out herein are severable from the remainder of this Agreement and shall remain valid and binding upon the Parties, notwithstanding any termination of the Agreement.

4. Confidentiality

  1. The parties agree to keep private and confidential all dealings with the other parties, including discussions, negotiations and any confidential information about the other party, its clients, its suppliers, shareholders, business partners and employees. The Subscriber shall not discuss the merits or demerits of iX with its other suppliers, and iX shall not discuss the merits or demerits of the Subscriber with its other clients.

5. Right & title

  1. The subscriber shall own and be eligible to get a copy of all data, including customer data. The cost of extracting this data shall be borne by the Subscriber.
  2. Platforms, content management systems and generic data acquired by iX shall however remain the right and title of iX. All copyright, title and interest in and to any document produced, system developed, or process designed, devised or modified by iX while performing the services under this agreement shall vest exclusively in iX and shall remain so vested post termination of this agreement.
  3. The Subscriber will have access to platforms and content management systems only for as long as the Subscriber subscribes to the service/s.
  4. The Subscriber agrees that it will not give access to 3rd parties to log in or view platforms or content management systems, nor will it redistribute or republish any portion of the information disseminated through the Service, other than its own data. The Service is intended solely for the internal use of the Subscriber. The Subscriber may not assign without the prior written consent of iX, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part.

6. Liaison

  1. The Subscriber shall log all support requests via Dealer Gateway and or Smart Manager, failing which an email to support@ix.co.za.
    1. Whilst email, text and WhatsApp messages may be attended to, iX is not able to ensure that these requests are done, done properly or done on time, as they bypass the iX-ticketing system.
    2. Work hours are from 8h00 until 17h00, Mondays to Fridays, exclude public holidays, and exclude the period between 25 December and 1 January.
  2. Requests and escalations: In a world with much noise and increasing online communication, iX requires that requests and escalations are dealt with in a strict order, without involving the next level up or other individuals. This will enable iX to be more productive and ultimately contain service costs.
    1. Requests: Your service adopter (the person that provides you with this service)
    2. 1st Escalation: Team Leader. Each service provided by iX is housed within a silo. Each silo has a team leader.
    3. 2nd Escalation: Key Account Manager / Sales Consultant
    4. 3rd Escalation: Customer Care Manager
    5. 4th Escalation: Chief Operations Officer
  3. iX does offer a Digital Campaign Manager service for those that require a semi-dedicated almost-continual liaison between the Subscriber and iX. Typically, a Key Account Manager is too stretched to perform this role.

7. Training

  1. How-to guides are available for most services.
  2. iX will train the First User, and the First User will train the other Subscriber’s Users
  3. Additional training is provided, either in Durban at the iX offices on the 2nd and 3rd Wednesday of the month, or on site. Time and travel costs apply.
  4. Training is subject to availability, so bookings is essential.

8. Disclaimer

  1. iX, its employees and agents, shall not be liable for any loss or damage claimed to have resulted from delays or interruptions in the service/s or otherwise resulting from erroneous statements, errors or fact of errors in transmission, or any other cause whatsoever, other than any act of omission constituting willful misconduct or gross negligence on the part of iX.

9. Arbitration

  1. The parties agree to use all available means to resolve any dispute arising under this Agreement through non-litigious means.

10. Employment of staff

  1. Both parties agree not to employ, directly or indirectly, the staff of the other party for a period of 6 months after the employee has left the employ of the other party.

11. Uptime

  1. 99% based on 3-month cycle.
  2. This does not include-
    1. Failures on the part of Internet lines and hosting facilities, both beyond the control of iX
    2. Scheduled maintenance, which will not be during normal working hours
    3. Major system failures that will take up to 3 days to rectify
  3. Backups include 15-minute incremental replication, nightly snapshots and a deep backup once a week.
    1. The backups are situated 5km from the primary servers.
    2. Maximum data loss is therefore potentially 1 week.
  4. iX cannot guarantee that software won’t stop working, but it does guarantee that it will attend to any break or issues with urgency. Reasons for breakages cannot always be shared for proprietary reasons.

12. The Subscriber will-

  1. Provide iX with an updated new vehicle price list at least 72 hours before becoming effective (iX relies on multiple sources, including the Subscriber, for new vehicle information).
  2. Provide iX with OEM CI guidelines as it pertains to relevant services
  3. Upload and maintain its Users. This includes Lead Recipients and individuals that get displayed on the website.
  4. Provide iX with website development feedback within 72 hours
  5. Arrange with DMS or stock list provider to submit vehicle stock files to iX

13. Website Development

  1. Websites are developed in accordance with the brief provided.
    1. Deviations from the original brief-
      1. Must be given in writing,
      2. Will incur additional costs,
      3. Will cause delays, and
      4. Will only be entertained once the initial setup fee has been paid in full and the subscription activated.
    2. Websites are assigned a development slot in the production line. Delays in providing necessary information and or feedback will cause delays and incur additional costs.
  2. Website subscriptions are payable from the 1st day of the month following the month that a preview link was sent to the Subscriber
  3. Deviations for standard franchise designs/layouts will be deemed custom layouts and will be charged for.

14. Integrations

  1. iX reserves the right to select which 3rd parties it wishes to integrate with.
  2. Integrations will in any event be limited to 3rd parties that accommodate good and proper integration handshaking.
  3. The cost of integration will be borne by the subscriber.

15. Shut Down

  1. No websites are developed between 15 Dec and 15 January each year.
  2. No official integrations or system development happens between 1 Dec and 31 Jan each year

16. Stock Feeds

  1. The fee to advertise on a 3rd party portal is for the Subscriber’s account, payable directly to the portal.
  2. The fee charged by some DMSs to feed stock to iX is for the Subscriber’s account, payable directly to the DMS.
  3. Some portals do not accept feeds for individual dealers and smaller groups.
  4. The number of updates per day varies from portal to portal.
  5. It is the subscriber’s responsibility to ensure that the vehicle details are correct.
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