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Terms and Conditions of Bettasuite

DEGSA has developed an application to automate processes (where HR and IT meet) within companies. 

These Terms and Conditions of Use regulate the rules to which the user has access within Bettasuite, accessible through the bettasuite domain (herein referred to as “bettasuite”)

Access to the Platform confers the condition of user to whoever uses it (hereinafter, the “User“) and implies the acceptance of all conditions included in this document and in the Bettasuite privacy policy.

 1. Description of bettasuite is a cloud-based management platform

Used by organizations in their capacity as employers (hereinafter referred to as “Clients“) to optimize their processes by centralizing and digitizing administrative tasks related to their projects; customer service and/or employees.

Subject to and conditioned upon the Client’s continuous and full compliance with all terms and conditions, bettasuite grants the Client and its Users, during the term of their subscription to, a revocable, non-transferable, non-exclusive and limited license and right to access and use the Services of bettasuite.

.2. Usage

The User must use the Platform in good faith and in accordance with current legislation and these Terms and Conditions. Likewise, the User must respect the intellectual and industrial property rights owned by bettasuite. 

It is strictly forbidden to use any of the contents of the Platform for purposes that are or may be unlawful, as well as the performance of any action that causes or may cause damage or alterations of any kind not consented by bettasuite to the Platform, its contents or other Users. In particular (but not limited to) the User shall not:

  • Systematically retrieve data or other content from the Platform (including collecting usernames and/or email addresses of Users by electronic or other means) to create or compile, directly or indirectly, a collection, compilation, database or directory without bettasuite’s written permission.
  • Circumvent, disable or otherwise interfere with the security features of the Platform, or interfere with, disrupt or create an undue burden on the Platform or any networks or services connected to the Platform.
  • Cheat, defraud or deceive bettasuite or other Users, especially in any attempt to learn sensitive account information, such as passwords of Users, or impersonate another User or person or use the username of another User.
  • Misuse our support services or make false reports of abuse or misconduct.
  • Sell, share or otherwise transfer your profile or credentials.
  • Use any information obtained from the Platform to harass, intimidate, threaten to harass, abuse or harm another person, including other Users and our employees.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material that interferes or may interfere with any party’s use and uninterrupted enjoyment of the Platform or that modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Platform.

 3. Access and Security

Please note that if you choose to access the bettasuite platform

User shall maintain the confidentiality of his or her account username and password and shall not allow any person to use his or her username, password or any other form of authorization. The User must ensure that he/she exits the Platform after terminating his/her use of the Platform. The User is solely responsible for all activity using your account, including any misuse of your username and password and any damage caused by such misuse. Bettasuite can rely on the provision of your username and password to identify and authenticate you as a User. Bettasuite will not be liable for any damages, costs, expenses or fees arising from the disclosure of your username, password or other account information to another person. If the security or confidentiality of your username, password or any other form of authorization is compromised or if you believe that your account has been subject to unauthorized use, you should immediately notify support@bettasuite.com  and immediately reset login details. The security of your account is your sole responsibility.

4. Pricing

Bettasuite has standard pricing. If you wish to obtain a custom quotation, please contact info@bettasuite.com . The prices indicated for each product in its corresponding file include applicable taxes and, in any case, are expressed by default in the local currency. These prices, unless expressly stated otherwise, do not include the costs of any other additional services and annexes to the service/module selected.

The payment methods available on the Platform are as follows: – payfast and/or credit/debit card with a recurring billing engine. For any payment method selected, the Client acknowledges that the payment will be automatically renewed at the end of the subscription period unless the Client decides to terminate. Termination can be done at any stage, which will result in cancellation of user at the end of the month in which the termination was activated.


5. Free Trial 

The Customer may choose to test the Services for a period of up to 30 calendar days from the time of the activation of the Services until the earlier of (a) the end of the free trial period for which the Customer signed up, or (b) the start date of the paid subscription to the Service under the pricing schedule.

At the end of the Free Trial period, Customer may purchase additional modules not included in the Free Trial by selecting modules within the payment schedule. Please note that any data entered into the modules during the Free Trial and any customizations made during the Free Trial will be permanently lost unless (a) a paid subscription to the Services is purchased, or (b) such data is exported prior to the end of the Free Trial. In either case, Bettasuite is not responsible for the loss of any data because of failure to export prior to the end of the Free Demo.

6. Industrial and intellectual property rights

Bettasuite has developed and is the full and exclusive owner and holder of all Industrial and Intellectual Property rights over the Platform, as well as its updates, improvements, revisions, extensions, modifications, adaptations, rectifications, translations or new versions.

The User undertakes to respect and maintain the rights of Industrial and Intellectual Property of the Platform, as well as the documentation and information that bettasuite makes available in compliance with the provisions of these conditions.

Users shall cooperate with Bettasuite in the protection of such Industrial and Intellectual Property rights of the Website, Platform or of any other Industrial and Intellectual Property rights and shall inform Bettasuite of any infringement of such rights of which the User has direct or indirect knowledge thereof.

The User acknowledges that the reproduction, modification, distribution, commercialization, decomplication, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation or publication of any unauthorized benchmark test results of any of the elements and utilities integrated within the development constitutes an infringement of Bettasuite’s intellectual property rights and, consequently, undertakes not to perform any of the aforementioned actions. Bettasuite may request or collect and/or Client may provide, from time to time, written suggestions, feedback or comments as part of Client’s and Users’ use of the Services (“Feedback“) to support@bettasuite.com .

Client acknowledges and agrees that such Feedback shall be deemed the property of Bettasuite and Bettasuite shall be the exclusive owner of all rights, now known or hereafter existing, to the Feedback and in perpetuity, and shall be entitled to use the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback. 

Bettasuite further reserves the right to include the Client’s name and standard logo in its public customer lists, press releases and the like. 

7. Data protection and Confidentiality

By accepting these terms and conditions, the Parties also enter into the Data Security and Protection Agreement available _______ , which regulates the obligations regarding the protection of personal data that we have with our customers and that comply with the legal obligations in this area.

The Entrustment Agreement forms an inseparable part of these terms and conditions and regulates the processing of personal data of the Client by Bettasuite, as Processor, on behalf of the Client, as Data controller. 

Bettasuite takes the privacy of its Clients seriously, and therefore undertakes to use the information provided by the Client in accordance with the terms contained in the said Entrustment Agreement (when acting as data processor) and with the privacy policy, as may be amended by Bettasuite from time to time (when acting as the data controller).The Parties undertake to keep reserved and confidential the existence and content of all documentation and information that is provided, transmitted or disclosed accepting the terms and conditions as part of subscribing to bettasuite.com  Regardless of the method, form or support used (hereinafter, ‘Confidential Information’), undertaking not to make any disclosure to third parties or public communication without the prior written authorization of Bettasuite.

In enunciating but not limiting way, it will be understood as Confidential Information the information referring to customer data, its existence, its structure, promotion and sales plans, source codes and object of computer programs, systems, techniques, inventions, processes , patents, trademarks, registered designs, copyrights, know-how, trade names, technical and non-technical data, drawings, sketches, financial data, plans relating to new products, data relating to customers or potential customers as well as any other information used in the business scope of Bettasuite.

The obligation of confidentiality will subsist even after the resolution, for any reason, of the contractual relationship between the parties without generating any type of compensation. The breach of the obligation of confidentiality assumed in this agreement or the return of the Confidential Information established above, will entitle any of the Parties to claim the full amount of the damages that such breach would have generated.

 8. Age

To use the Website, you must be at least 18 years of age or older (or have the consent of your parent or guardian).

9. Responsibilities

Bettasuite provides the Website and Platform “as is” and “as available” without any promise or warranty, express or implied.

In particular, Bettasuite does not warrant or make any representations regarding the validity, accuracy, reliability or availability of the Website  and/or Platform and/or its content. To the extent permitted by applicable law, Bettasuite excludes all promises, whether express or implied, including promises that the Website and/or Platform is fit for purpose, of satisfactory quality, non-infringing, free from defects, capable of uninterrupted operation, that the User’s use of the Website and/or Platform complies with the law or that any information you transmit in connection with this Website and/or Platform will be transmitted successfully, accurately or securely. Notwithstanding the foregoing, Bettasuite declares that it has adopted the necessary measures that, within its possibilities and the state of technology, allow the proper functioning of the Website and/or Platform, as well as the absence of harmful components. When the Website and/or Platform or any of its services accesses content via the Internet, we aim to ensure that it is available 24 hours a day; however, Bettasuite shall not be liable if it is unavailable at any time for any reason. Access to online platform and/or content may be temporarily suspended or removed entirely without notice (for example, if there is a system failure, or for maintenance or repair).

The Client agrees to indemnify, defend and hold Bettasuite harmless from and against any and all losses, liabilities, damages, claims (including possible legal fees) incurred, arising out of or in connection with:

  • any breach or alleged breach of these Terms and Conditions by the Client or its Users;
  • (ii) the breach by the Client or its Users of any Law and/or the rights of a third party affecting Bettasuite;
  • (iii) failure by the Client or its Users to timely install any updates, upgrades or patches to any software provided by Bettasuite and not authorised by Bettasuite; and
  • (iv) claims relating to Client Data and/or claims relating to any data transferred by the Client to third party applications, and that this directly harms Bettasuite or them.

The provisions of this Section shall survive the termination of this Agreement. 

 10. Links and resources

Where the Bettasuite Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Bettasuite has no control over the content of those sites or resources, so these Terms and Conditions and our Privacy Policy apply only to your use of our services.

When you use third party products or services, their own terms and conditions and privacy policies will govern your use of those products or services.

Please read those terms and conditions of use and privacy policies to learn how they collect and treat your personal data and other relevant information.  

 11. Compensation. Limitation of liability.

The Client agrees to indemnify and hold Bettasuite harmless from any claim, lawsuit, loss, liability, costs and expenses, including attorneys’ fees, arising directly or indirectly from or in connection with any violation of the provisions of these Terms and Conditions by the Client. This indemnification obligation will not apply in cases in which there is prior willful or seriously negligent behavior by Bettasuite. Bettasuite are not responsible for possible security errors that may occur or for possible damage that may be caused to the Client’s computer system (hardware and software), the files or documents stored therein, as a result of the presence of viruses on the Client’s equipment used for the connection and/or use of the Platform, due to a malfunction of the browser or the use of non-updated versions of the same.

The Client is aware that it will be the exclusive responsibility of the Client, among other aspects, to ensure the adequacy of the use of the products to the applicable regulations and compliance with any regulation that may be applicable.

THE CLIENT WILL BE RESPONSIBLE FOR COMPENSATING BETTASUITE FOR ANY DAMAGES AND/OR LOSSES SUFFERED BY BETTASUITE DUE TO THE USE OF THE PLATFORM BY ANYONE OTHER THAN THE INTENDED CLIENT (OR THE CLIENT’S EMPLOYEES).IN THE EVENT THAT BETTASUITE IS RESPONSIBLE FOR A BREACH OF THESE TERMS AND CONDITIONS, THE MAXIMUM TOTAL LIABILITY OF BETTASUITE SHALL NOT EXCEED A MAXIMUM AMOUNT EQUAL TO THE TOTAL VALUE OF THE AMOUNTS PAID BY THE CLIENT TO BETTASUITE IN THE TWELVE (12) MONTHS PRIOR TO THE DAMAGING EVENT (OR IF LESS THAN TWELVE (12) MONTHS HAVE PASSED FROM THE ENTRY INTO FORCE OF THESE TERMS AND CONDITIONS, TWELVE (12) TIMES THE LAST MONTHLY PAYMENT MADE BY THE CUSTOMER TO BETTASUITE FOR THE USE OF THE PLATFORM). IT WILL BE THE RESPONSIBILITY OF THE CLIENT TO ADOPT THE APPROPRIATE INSURANCE POLICIES TO COVER THE DAMAGES SUFFERED THAT MAY EXCEED THE MENTIONED MAXIMUM LIMIT OF LIABILITY.

Bettasuite will not be liable to the Client for any loss or damage under the terms of this clause that has not been notified by the Client to Bettasuite in writing within a maximum period of 25 calendar days from the date on which the Client was aware of the loss or damage.

The provisions of this Clause must be understood without prejudice to the cases in which liability cannot be excluded or limited in accordance with the applicable mandatory regulations.

12. Modification

Bettasuite reserves the right to modify these terms and conditions to adapt them to any changes or new regulations, for technical reasons, for changes in the services offered by Bettasuite or for strategic decisions of the company. In these cases, the changes and effectiveness will be communicated by email and/or on the platform through a notice within a reasonable notice period, and from that moment will begin to take full effect.

If the User does not agree to the changes, the User must stop using the Website and/or Platform.  

13. Assignment

Bettasuite may assign the contract to any company of its group, or of the group to which its shareholder belongs.

The Client may not assign the rights and obligations assumed under this Contract to any third party without the express written consent of the other Party.

14. Contract Duration and Resolution

These Terms and Conditions of Use have an indefinite duration aligned to the subscription of the client. 

In the event that an Annual Payment Plan has been contracted, this may be terminated at any time. However, the early termination of the contract will not entitle the Client to reimbursement of the proportional part of the annuity not enjoyed.  

15. Contact

You can contact us on info@bettasuite.com or support@bettasuite.com .

Alternatively you can open a support ticket, by clicking help on your platform and/or accessing our mobichat. 

16. Jurisdiction and applicable law

Contract is governed by South African Law. In the event that a part of it is invalid or void for any reason, this will not affect the remaining provisions of this Contract that will remain valid. To resolve any doubt or divergence that may arise between the parties with respect to compliance or interpretation of the clauses of this Agreement, both parties, by mutual agreement, submit to the jurisdiction and competence of the Courts and Tribunals of the city of Pretoria, South Africa and renounces his/er own jurisdiction if it is different.

 

Last update: 04/04/2023