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Service and Usage Agreement

HomepageService and Usage Agreement

Effective Date: [Insert Date]

Parties: This Service and Usage Agreement (the "Agreement") is entered into by and between NiBytes, a company with principal offices located at [Your Address] ("Service Provider"), and [Client Name], an individual/entity residing at [Client Address] ("Client").

1. Purpose The purpose of this Agreement is to outline the terms and conditions under which the Service Provider will provide digital services to the Client.

2. Services Provided The Service Provider agrees to provide the following digital services ("Services") to the Client:

  • Cybersecurity awareness training
  • SSL certificates
  • Fiscalisation software

3. Service Fees The Client agrees to pay the Service Provider for the Services in accordance with the fee schedule set forth in Schedule A attached hereto.

4. Term and Termination This Agreement shall commence on [Start Date] and shall continue until [End Date], unless terminated earlier in accordance with this Agreement. Either party may terminate this Agreement upon [Number] days' written notice if the other party is in material breach of its obligations under this Agreement.

5. Confidentiality Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed under this Agreement.

6. Data Protection and Privacy The Service Provider agrees to comply with the Cyber and Data Protection Act [Chapter 12:07] of Zimbabwe and the Protection of Personal Information Act (POPIA) of South Africa. The Service Provider shall implement appropriate technical and organizational measures to ensure the security of personal data.

7. Data Retention Policies

  • The Service Provider shall retain personal data only for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws and regulations.
  • Personal data shall be securely deleted or anonymized once it is no longer needed.
  • The Service Provider shall maintain a data retention schedule that specifies the retention periods for different types of data.

8. Data Subject Rights The Service Provider shall ensure that data subjects have the following rights:

  • Right to be Informed: Data subjects have the right to know what personal data is collected, why it is collected, who is collecting it, and how long it will be retained.
  • Right of Access: Data subjects have the right to access their personal data and obtain information about how it is being processed.
  • Right to Rectification: Data subjects have the right to request correction of inaccurate or incomplete personal data.
  • Right to Erasure: Data subjects have the right to request the deletion of their personal data under certain conditions.
  • Right to Restrict Processing: Data subjects have the right to request the restriction of processing of their personal data under certain circumstances.
  • Right to Data Portability: Data subjects have the right to receive their personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller.
  • Right to Object: Data subjects have the right to object to the processing of their personal data on grounds relating to their particular situation.
  • Rights Related to Automated Decision-Making: Data subjects have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them.

9. Limitation of Liability The Service Provider's liability under this Agreement is limited to the amount of fees paid by the Client for the Services rendered.

10. Dispute Resolution Any disputes arising under this Agreement shall be resolved through negotiation between the Parties. If the dispute cannot be resolved through negotiation, it shall be submitted to arbitration in accordance with the rules of [Arbitration Association].

11. Governing Law This Agreement shall be governed by and construed in accordance with the laws of Zimbabwe and South Africa.

12. Miscellaneous

  • This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written, relating to this Agreement's subject matter.
  • This Agreement may not be amended or modified except in writing signed by both parties.

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