Thank you for visiting SCT Web Industries. Together with our Privacy Policy, the SCT BusinessPilot Terms and Conditions and these Terms of Service are a contractual Agreement between SCT Web Industries and our clients/users of SCT BusinessPilot, so please read these documents carefully before accessing or using our software. In the event of a conflict between these Terms of Service and the SCT BusinessPilot Terms and Conditions, the SCT BusinessPilot Terms and Conditions shall prevail.
You must be at least 18 years of age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the Terms of Service, you are not permitted to use any of our Services. If you agree to the Terms of Service and do not agree to any of the SCT BusinessPilot Terms and Conditions, you are not permitted to use the corresponding Service.
1. Definitions
2. Description
We provide hybrid software systems and applications for businesses, including associated client applications and related software as well as server applications and related software. These services may be used for your personal or business use or for internal business use in the organization that you represent. The full set of services are accessible using your locally deployed SCT BusinessPilot application. You are responsible for obtaining access to the internet and the equipment necessary to use the services. Each iteration of the SCT BusinessPilot is considered its own, separate from other systems. You can create and edit content with your licensed account, should you do so, you can publish and share such content.
3. Deployment Terms
3.1 Terms of Deployment
SCT Web Industries distributes the SCT BusinessPilot through a deployment plan. You are solely responsible for providing all equipment, facilities and basic services including, without limitation, all computer hardware, software, and Internet access necessary for the deployment to take place at your own expense.
We will handle the installation of the SCT BusinessPilot on all devices requiring the service. This includes the activation of each BusinessPilot application code.
3.2 Post Deployment Installations
After completion of the agreed upon deployment plan the organisation or individual will be left with a physical storage device containing the SCT BusinessPilot installer. You are responsible for devices requiring the service to be installed after the deployment. Valid application codes will be provided by us upon your request for the newly installed applications.
4. Account Terms
4.1 Hosting and Domains
The SCT BusinessPilot is a hybrid system utilizing both local and third-party servers. Each iteration of BusinessPilot runs on a separate server provided by a third-party hosting service. We do not own these servers and are therefore not liable for any server downtime or outages that may occur.
Despite not owning the servers, we take full responsibility for monitoring their status 24/7. In the event of a server issue or outage, we will take all reasonable steps to resolve the problem as quickly as possible to minimize any disruption to your service.
While we strive to ensure continuous availability of our services, we cannot guarantee uninterrupted access due to the reliance on third-party servers. As such, we are not liable for any downtime or service interruptions caused by issues beyond our control. We commit to providing timely updates and solutions in the event of such occurrences.
In certain instances, it may be necessary for us to purchase a domain name that includes the client’s business name. This domain is essential for linking to the server to facilitate functions such as APIs and web-related services, including email. By using our services, you consent to our purchase and use of such domains as needed for the operation of the system.
4.2 User Accounts
You are solely responsible for tracking and for ensuring the security and confidentiality of all user identifiers and passwords. SCT Web Industries has no liability with respect to any use or misuse of such identifiers or passwords, and any use other than as provided in this Agreement will be considered a breach of this Agreement by you (see section 12.3).
5. Acceptable Use
5.1 Compliance with Laws and Regulations
You will use commercially reasonable efforts to ensure, through proper instructions and enforcement actions, that all access to and use of the Service by you or Authorized Users, or otherwise through your facilities, equipment, identifiers, or passwords, will conform to this Agreement and will be made and used solely for proper and legal purposes, and will be conducted in a manner that does not violate any law or regulation, the rights of any third party, or this Agreement.
5.2 Conduct Restrictions
No provision of this Agreement includes the right to directly or indirectly do any of the following:
In the event you violate any of the terms in this section, in addition to any other remedies available at law or in equity, SCT Web Industries reserves the right to immediately suspend your access to the Service.
6. Service Period
This Agreement will commence on the date of deployment completion and, unless terminated early in accordance with Section 7, continue on a month-to-month basis until the non-renewal of the licence.
7. Payment
7.1 Pricing
The SCT BusinessPilot licence, as of May 2024, is set at a fixed monthly rate of R9999.00 per month. The fee for the SCT BusinessPilot licence may automatically increase every 18 months by a figure of less than 10%. In the event of an upcoming licence price increase, all active BusinessPilot account holders will be notified at least 30 days in advance.
The SCT BusinessPilot deployment fee is Once off fee calculated on the basis of the number of users in your organization, setup of data repository needed, number of executed workflows and automations, migration of data required, training of staff necessary and duration of the deployment process. The deployment fee is not required to be paid in one full instalment. The payment plan for the deployment fee will be located in the SCT BusinessPilot deployment plan contract between you and SCT Web Industries.
7.2 Authorisation
You agree to give SCT Web Industries permission to charge you using the payment method of our choice for licencing during the Service Period. SCT Web Industries maintains the right to bill on a monthly basis at any date.
7.3 Responsibility
You agree that you are authorized to use the payment method as per your SCT BusinessPilot contract. You must keep all information of your billing account current. If you notify SCT Web Industries to stop using your previously designated payment method and fail to designate an alternative, SCT Web Industries may immediately suspend use and access to the Service. Any notice of changes to your billing account should be completed in a reasonable time in order for SCT Web Industries to act on your request.
7.4 Billing Schedule
We will accept no refunds. Payments for deployment fee instalments are due within 14 days of the invoice date unless otherwise agreed-to by the parties in writing. The SCT BusinessPilot licence fee is paid via a debit order which will commence 3 months after completion of the SCT BusinessPilot deployment. If any payment is not made when due, SCT Web Industries may immediately suspend use and access to the Service. All prepayments, if any, for the Service will be deemed fully earned upon payment and are non-refundable.
7.5 Missed Payments
Should the monthly licence fee not be paid when due, the BusinessPilot account holder will be given a 7-day grace period followed by a 7-day late fee period to settle their account. If after the late fee period, the licence fee has still not been received then an automatic suspension of the service will take place. After the 7-day grace period, outstanding amounts will bear an interest penalty of 5%.
7.6 Cancellation
Early cancellation of this agreement either by yourself or SCT Web Industries will result in the obligation to pay outstanding fees. In all other cases, and regardless of whether you access or use the Service at the levels reflected in the Subscription or otherwise, you are responsible for paying all Fees through expiration of the Service Period.
8. Cancellation and Termination
8.1 Account Cancellation
It is your responsibility to properly cancel your account with SCT Web Industries. You can cancel your account at any time by contacting our customer service.
8.2 Upon Cancellation
SCT Web Industries will have no obligation to provide the Service to you or Authorized Users after the effective date of the termination. You are to pay SCT Web Industries any amounts payable for yourself and Authorised User's use of the Service through the effective date of the termination, together with all other amounts in accordance with Section 7. Sections 8.2, 5, 7, 12-16 will survive the expiration or earlier termination of this Agreement.
SCT Web Industries obligation with respect to any electronic information transmitted or received by you or Authorized Users in relation to use of the Service is to promptly delete or destroy any information that is stored in the Service database on the effective date of termination upon your request. You acknowledge that the duration of the retention of such information is determined by the terms of the deployment contract. In addition, you acknowledge that although information in the Service database will be deleted from its transaction servers, SCT Web Industries may retain such information stored on automatic backup archiving systems during the period such backup or archived materials are retained under SCT Web Industries customary procedures and policies.
8.3 Account Termination
SCT Web Industries may terminate this Agreement immediately upon notice to you if you breach any provisions in the Agreement, in order to comply with applicable laws or regulations, or if you default in the timely payment of any amounts due SCT Web Industries under a Paying Plan
9. Service Commitment
Excluding scheduled maintenance and backup windows, SCT Web Industries will use commercially reasonable efforts to maintain 99.0% availability of the hosted portion of the Service for each month during the term of this Agreement. The Service will be deemed "available" so long as Authorized Users are able to login to the Service interface and access data.
SCT Web Industries will provide in-product and email support. Although no response times are guaranteed, SCT Web Industries will use reasonable efforts to respond to such support requests within 24 hours. In the event any SCT Web Industries efforts to respond is not performed with reasonable skill, care, and diligence, SCT Web Industries will re-perform the Support to the extent necessary to correct the defective performance, and you acknowledge that re-performance will be your sole and exclusive remedy for any defective performance.
Subject to this Agreement, SCT Web Industries will make the Service available to you and Authorized Users during the Service Period, and SCT Web Industries hereby grants to you, during the Service Period, a non-exclusive, non-transferable, limited right to enable Authorized Users to access and use the Service through the interface, and to access and use SCT Web Industries technical and operations documentation and Agents in support solely for your internal, business use.
You acknowledge that your and each Authorized User's access and use of the Service are subject to SCT Web Industries Privacy Policy which is incorporated into this Agreement by reference. SCT Web Industries may in its discretion modify, enhance, or otherwise change the SCT BusinessPilot.
10. Testing Services
We may offer certain services as closed or open testing services for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Test Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Test Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Test Service
We reserve the right to discontinue fully or partially, at any time and from time to time, temporarily or permanently, any of the Test Services without notice to you. You agree that SCT Web Industries will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the testing services for any reason.
11. API's
SCT Web Industries will make various application program interfaces (APIs), agents, libraries, and other materials available through the Service at its discretion to support your access and use of the Service (collectively, "Agents"). You acknowledge and agree that:
You acknowledge and agree that all third-party content is governed by its respective terms and such terms are solely between you and the applicable licensor. You agree to comply with such third-party terms (including open-source license terms), as applicable, and SCT Web Industries bears no liability with respect to third-party content under this Agreement.
12. Data and Privacy
12.1 Ownership of Data
You retain full ownership, right, and responsibility to all of your data (text, files, documents, information), or other content that you and/or any Authorized User run on or through the Service (collectively "Customer Data"), subject only to the limited rights expressly granted in this Agreement and intellectual property rights. You are solely responsible, and SCT Web Industries assumes no liability for the Customer Data that Authorized Users or other third parties post, send, or otherwise make available over or through the Service.
12.2 Confidentiality of Data
SCT Web Industries understands the data and information passed through your SCT BusinessPilot is confidential in nature. As part of your SCT BusinessPilot licence agreement, we will not voluntarily distribute, transmit, forward or sell any data or information attached to your BusinessPilot system.
In order to properly monitor the status and functionality of your SCT BusinessPilot, we will at times need to directly access your data and information.
12.3 Data Security and Integrity
Our software has been developed using state-of-the-art security protocols to protect the integrity and confidentiality of your data. We employ industry-standard encryption and security measures to safeguard our system against unauthorized access and data breaches. It is your responsibility to ensure your systems login credentials (usernames and passwords) remain securely managed and kept confidential. You are responsible for implementing and enforcing appropriate security policies and procedures to prevent unauthorized access to your systems user accounts.
Any unauthorised access to the system due to compromised login credentials will be considered the responsibility of the account holder. You acknowledge and agree that you will be liable for any unauthorised use of the system and any resulting compromise to your data
You must promptly notify us of any suspected or actual unauthorized access to your system. You agree to cooperate with us in any investigation and remedial actions concerning such unauthorized access. Failure to manage user credentials responsibly or to report unauthorized access promptly may result in the suspension or termination of access to the Service.
By using the SCT BusinessPilot, you acknowledge and agree to these security and responsibility provisions. You understand that maintaining the security of your user’s login credentials is critical to protecting your data and ensuring the proper use of our system.
12.4 Data backups
As part of your BusinessPilot licence, you acknowledge and understand that we will do regular data backups of your systems data for security purposes. In the rare event of a server failure or other event that causes your system to become non-functional, we will use these data backups in order to restore your system back to a working state.
13. Representations
You hereby represent and warrant to SCT Web Industries that you have the authority to enter into and perform this Agreement, and that performance of the Agreement's obligations and exercise of its rights do not and will not violate any applicable laws, regulations, or orders.
You hereby represent, warrant, and covenant that:
SCT Web Industries hereby represents, warrants, and covenants to you that:
You agree to defend, indemnify, and hold harmless SCT Web Industries and its employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including without limitation attorneys' fees) arising out of or related to:
SCT Web Industries agrees to defend, indemnify, and hold harmless you from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including without limitation attorneys' fees) arising out of or related to:
These Terms of Service, together with the Privacy Policy and the SCT BusinessPilot terms and conditions document, represent the complete and exclusive statement of the Agreement between you and SCT Web Industries. This Agreement supersedes any proposal or prior agreements, oral or written, and any other communications between you and SCT Web Industries relating to the subject matter of these terms.