"PMC" means Phillip Mills Constulting (Pty) Ltd, registration number [to be inserted], a company registered in the Republic of South Africa.
"PDS" means the Process Data System software platform, a product of PMC.
"Client" means the entity that has entered into a Scope of Works or subscription agreement with PMC for the use of PDS.
"Agreement" means the Scope of Works, Subscription Agreement, or any written engagement letter signed between PMC and the Client.
By accessing or using PDS, or by signing a Scope of Works or Subscription Agreement, the Client agrees to be bound by these Terms & Conditions. If you do not agree, do not use PDS.
PMC provides:
Additional services including custom reports, integration, or additional sites are subject to separate quotation and written agreement.
Monthly subscription fees commence after the completion of the 3-month pilot period and formal going-operational sign-off. Fees are set out in the PDS Pricing Schedule provided during the discovery engagement.
Invoices are payable within 30 (thirty) days of the invoice date unless otherwise agreed in writing. PMC reserves the right to suspend access to PDS in the event of non-payment after reasonable notice.
PDS, including all software, databases, report templates, and associated documentation, is the intellectual property of PMC. The Client is granted a non-exclusive, non-transferable licence to use PDS solely for its own internal operations during the term of the Agreement.
Client data remains the property of the Client. On termination, the Client may request a structured data export at no additional charge.
PDS is remotely hosted and fully managed by PMC. PMC takes reasonable technical and organisational measures to secure Client data. PMC is ISO 9001:2015 Certified for Mineral Resource Evaluation Services. Specific security, backup, and recovery measures are described in the Scope of Works.
PMC's liability to the Client under or in connection with any Agreement shall not exceed the total fees paid by the Client in the three (3) months preceding the event giving rise to the claim. PMC is not liable for indirect, consequential, or special losses, loss of profit, or loss of data beyond what is recoverable from PMC's standard backup retention policy.
Each party agrees to keep the other party's confidential information strictly confidential and not to disclose it to any third party without prior written consent, except as required by law.
The Agreement commences on the date of signing and continues until terminated by either party with 30 (thirty) days' written notice, unless otherwise specified. PMC may terminate immediately in the event of material breach or non-payment.
These Terms & Conditions are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of the courts of South Africa.
PMC may update these Terms & Conditions from time to time. The Client will be notified of material changes. Continued use of PDS after notification constitutes acceptance of the updated terms.
For queries regarding these Terms & Conditions, contact PMC at: info@pmc-pds.co.za