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Support Agreement

 

 

BetTech Support Agreement

Last Modified: 17 March 2022

This Support Agreement (“Support Agreement“) governs our provision and your use of the support services defined below. This Support Agreement constitutes a binding contract between you (“you” or “your“) and BetTech Gaming (Proprietary) Limited (“BetTech“, also referred to as “we“, “our“, or “us” in this Support Agreement). This Support Agreement is subject to, and forms part of, our Master Services Agreement (“MSA”) available at: https://www.bettech.com/masterservicesagreement/.

This Support Agreement does not apply to any professional services, consulting services, support services, or other services that are subject to a Professional Services Agreement with BetTech as defined within our MSA.

The term of this Support Agreement commences when you sign the Commercial Agreement (“Support Services Commencement Date“). By purchasing or using the Support Services, you: (a) warrant and represent that you have read and understand this Support Agreement; and (b) accept this Support Agreement and agree that you are legally bound by its terms. Your use of the Support Services if provided via a website, is subject to that website’s terms such as terms of use, privacy policy, cookie policy, etc. (collectively “Website Terms of Use”). This Support Agreement and if applicable the Website Terms of Use constitute the entire agreement between you and BetTech with respect to the Support Services. In the event of conflicting terms, the terms of this Support Agreement apply. If you do not accept the terms of this Support Agreement, you may not access or use the Support Services.

ALL LIMITATIONS OF REMEDIES AND DISCLAIMERS OF WARRANTIES, CONDITIONS, AND LIABILITY AS SET OUT IN THE MSA FORM AN ESSENTIAL BASIS OF THE PARTIES’ AGREEMENT UNDER THIS SUPPORT AGREEMENT.

THE SUPPORT SERVICES ARE GOVERNED BY THIS SUPPORT AGREEMENT AND ANY APPLICABLE WEBSITE TERMS OF USE ONLY, AND NOT BY ANY OTHER AGREEMENT WITH BETTECH.

Terms and Conditions

  1. 1. Definitions and Interpretation
    • 1.1 The definitions and interpretations from the MSA bear the same meaning in this Support Agreement as defined within the MSA.
  2. 2. Support Services
    • 2.1 BetTech’s Support Services are provided by connecting you to support agents for help with BetTech products and services where said help is provided by means of BetTech support-related tasks (“Support Services”). Support Services may be included as part of your Commercial Agreement with us or purchased separately. In general, Support Services are governed by our Support Policy available at: https://www.bettech.com/supportpolicy/.
      • 2.1.1 Cooperation. BetTech’s ability to provide you with the Support Services is dependent upon your full and timely cooperation in addition to your provision of accurate and complete information. BetTech cannot and will not be held liable under any circumstances including but not limited to breaches of service level agreements if you delay or otherwise withhold such cooperation in any manner whatsoever.
      • 2.1.2 Links to third parties. If during the course of receiving the Support Services you are provided with any link to a third-party website (whether provided by BetTech, embedded in the website where you receive the Support Services, or by some other means), you acknowledge: (i) that such links are provided for your convenience only; (ii) that any linked website or resource is not controlled by BetTech; (iii) that BetTech is not responsible for the content of any link; (iv) that provision of said links does not constitute an endorsement of any kind by BetTech; and (v) that your access or use of said links is entirely at your own risk.
  1. 3. No Warranties
    • 3.1 To the maximum extent permitted by law, the Support Services are provided “as is” and BetTech, to the extent permitted under mandatory obligations of Applicable Laws, specifically disclaims all warranties, whether express, implied, statutory, or otherwise, including all warranties of merchantability, fitness for a particular purpose, quality, satisfaction, title, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice.
  2. 4. Limitation of Remedies
    • 4.1 If despite the exclusions and limitations of this Support Agreement the law provides any implied warranties, your remedies are limited as determined by us in the case of Support Services, to either:
      • 4.1.1 re-performance of the Support Services; or
      • 4.1.2 a refund of the price you paid for the Support Services if any.
    • 4.2 The remedy detailed within this Support Agreement is the only remedy available to you for any breach even if the remedy fails its essential purpose.
    • 4.3 Unless the law mandates otherwise, we will determine the order in which these limited remedies are provided. You may have other rights under law that this Support Agreement cannot change.
  3. 5. Limitation of Liability
    • 5.1 To the fullest extent allowed by Applicable Law, BetTech’s total liability whether in contract delict (including negligence) or otherwise and whether in connection with this Support Agreement or any collateral contract shall in no circumstances exceed a sum equal to the amount paid for the Support Services or EUR 5.00 (five Euros) if the Support Services were free.