Xpdian Terms and Conditions
 
Xpdian Terms andConditions:
 
  1. Payments: Payment must be made when invoiced, unlessotherwise agreed to in writing by Xpdian, prior to theinvoice  being  issued. Payments to Xpdian will be redeemed against outstanding invoices in sequence of earlier datesto later  dates.
  2. Latepayments: Late payments oncredit purchases - All purchases made on credit, or on a creditaccount must be paid  within 30  days from the date onyour invoice.  Upon failure to pay within 30 days, the fulloutstanding amount will attract  interest at 2% per month, calculated on a daily basis. Payments received will be usedto pay  the interest portion of the  customer’saccount first, and the  remaining portion of the payment willpay the capital on the outstanding account balance.  Anyremaining  balance will continue to attract interest untilfully paid.
  3. Debtcollection: If a customerfails to pay after 60 days, or is unlikely to pay within an agreedperiod, the services of a  debt  collector may be used tocollect the  amount owed as well as any accumulated interestup until that date. A minimum  "debt collection  fee" of25% will be added to the invoice amount plus the accumulatedinterest. There is no maximum fee.
  4. Prices: Prices andspecifications are subject to change withoutnotice.
  5. Quotes: Quotes are valid for five days from quoteddate.
  6. Stockavailability: Stockavailability is not guaranteed. If stock is not available for anyreason, then the quote becomes  null and void  since theproduct on which the  quote was based on is no longeravailable.
  7. Software license delivery:All software license delivery willtake place on receipt of proof of payment, subject to point 2 above. Invoices for software will be cancelled if not paid within30 days of invoice date.
  8. Ownership of goods: Xpdian retains ownership in and to any goods soldto the customer until Xpdian has received full  paymentfor  the goods at which date  ownership shall pass to thecustomer. The customer agrees to hold and possess the  goodsfor and on behalf  of Xpdian, and to keep possession of thegoods pending  full payment.  Xpdian has the rightto  reclaim possession of the goods in the  event thatXpdian terminates this agreement before full payment has beenmade  by the  customer. The use of software not beenpaid  in full, will constitute software piracy, unlessotherwise agreed to in  writing by Xpdian. Software piracywill be reported to  the  appropriatebodies.
  9. Non-hire Provision: The customer shall not, directly or indirectly,hire, solicit, or encourage to leave Xpdian’s employment, any  employee, of Xpdian, or hire any  suchemployee who has left Xpdian’s employment orcontractual  engagement within twelve months  of suchemployment or engagement.
  10. Exemption and Indemnity: The customer shall have no claim of any naturewhatsoever whether for damages, reduction  of price, cancellation or otherwise, against  Xpdian, in respect of anyloss or damage sustained of any nature.
  11. Internal Process: Xpdian has no responsibility towards the internalfinancial process of the customer. Should a dispute arise  regarding outstanding invoices under  any suchinternal process violations, the person placing the orderaccepts  personal liability for  the settlement of suchinvoices.
  12. Training Cancellation: The customer may cancel training bookings withoutpenalty at least ten business days before the  first day oftraining. Should the customer cancel less than ten business daysprior first day of training a charge of fifty  percent (50%)of the course price is payable. If the class has started and thecustomer fails to attend the course, the full  price of thecourse is payable. Substitution of delegates is permissible nolater than the start of any training.
General Terms andConditions:
  1. Theseterms and conditions may be amended at any time without notice. Thecustomer will be bound to the current  terms and conditions on the day of order  placement. The customer mayterminate this agreement by written notice to  Xpdian if theydo not wish  to be bound by the currentversion.
  2. SouthAfrican law will govern these terms andconditions.
  3. Anyconcessions granted by Xpdian will not affect any of Xpdian’srights against the customer.
  4. Thecustomer agrees to notify Xpdian immediately if placed under anadministration order, become insolvent or have  anyother  form of legal disability.
  5. Theacceptance of any service provided by an Xpdian consultant, ortrainer, constitutes the full acceptance of these  terms andconditions.
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