• Obsidian quotes do not guarantee the availability of any dates stated on the quote, or in any email correspondence. Possible training delivery dates will be provided once we receive an email response from an authorised contact person accepting the quotation and confirming you are ready to proceed with the course/courses indicated on the quote. 
• You will receive multiple date options, based on existing trainer availability. Dates provided as options do not constitute or imply any form of provisional booking, exclusive use, or suggestion that the stated dates will be reserved for any customer. Dates will be booked and confirmed on a strictly first come first served basis to the customer who responds with a PO first. 
• Please confirm if the provisional dates are still available before proceeding with PO’s or payment. 
• Once a date has been confirmed and a trainer booked to deliver the training, the course/training date/dates are considered scheduled and postponement/cancellation fees, as set out below, apply. 
• Review the number of attendees quoted for, or in the case of custom training, the number of hours stipulated as delivery time and the content description. 
• Custom training courses are generally charged per delivery with a clearly defined maximum number of delegates allowed per session. 
• Please ensure that the course is correctly quoted as on-site delivery, or at a venue to be provided by Obsidian or the customer. For on-site course delivery the customer is responsible for providing the venue and infrastructure as per the requirements set by the trainer. Custom courses presented on-site by Obsidian Systems’ consultants or trainers may have additional network/internet access requirements. 
• No postponements/ re-bookings will be allowed due to personal/customer infrastructure failure on the day of delivery. Remote, online on-site/

• No fees are due if a delegate/customer withdraws attendance on a booked and confirmed course more than 10 working days prior to the scheduled start date of the course.
• If cancellation of a delegate/customer’s attendance on a booked course/training is received between 6 and 10 working days prior to the scheduled start date of the course, a 50% cancellation fee will be charged.
• Should the delegate/customer withdraw from a course between 1 and 5 working days before the scheduled course start date, the delegate or invoiced party will be liable to pay the full course price.
• Should the delegate/customer withdraw from a course after the first full day of instruction, the delegate/customer or invoiced party will be liable to pay the full course price, if any amount is outstanding. If the course has been paid for in full, the full amount is forfeited. 
• Any balance of payment available after cancellation fees have been credited to the relevant account, can be: – refunded, should a new course registration not be received within a week of cancellation, or – credited against a course for which the candidate is registered to attend, or for which the customer has booked training dates with a PO, within 3 months of the cancellation date.

 All Errors and Omissions Excepted

Obsidian performs annual professional services price increases in September of each year.

All costing is exclusive of VAT (15%)

Hardware and Software is C.O.D

 Projects, consulting, support, stand-by and maintenance will be invoiced at month end and has to be paid 30 days from invoice.

All training invoices are payable before the commencement of the course.

Quote valid for 7 days from date of quotation unless otherwise specified.

Quote does not include delivery unless by prior arrangement.

Quotes will be invalidated by variations of more than 3% in the Rand/Dollar Exchange rate.

Any quotation for software installed on the client’s equipment does not include the solving of compatibility or functional problems with the client’s hardware unless explicitly specified. Any time the technician is asked to spend on solving this kind problem will be billed additionally at support rates.

A full specification and scope of work must be completed before fixed scope pricing is final.

Clients are responsible for ensuring that all requirements of their financial department to facilitate prompt payment of invoices are met. This includes, but is not limited to, generating Purchase Order numbers and any other prerequisite for payment. No extension for payment of invoices will be granted due to requirements of the client’s financial department that were not met.

All software and equipment remain the property of Obsidian Systems until such time as the full fee and VAT has been paid. Obsidian Systems reserves the right to reclaim possession of equipment and software should the account not be paid timeously and in full.

Interest will be charged on all accounts outstanding for longer than 30 days at FNB’s prevailing overdraft rate from time to time.

In the event of Obsidian Systems acting against any purchaser in order to enforce these standard terms and conditions, the purchaser shall be liable for all legal costs calculated on an attorney and own client scale.

In the event of Obsidian Systems needing to allocate additional resources in respect of this contract as a result of the purchaser not cooperating reasonably with Obsidian Systems, the cost of such resources will be borne by the Purchaser.

In any situation where the client will be billed for time spent, the time billed will include any time spent by any employee of Obsidian to solve the problem. This includes but is not limited to all time spent on travel, delays experienced in performing the task for the client and time actually spent on the technical issues.

Any expense Obsidian Systems has to incur on behalf of the client will be charged in addition to the amount quoted. This includes but is not limited to an amount per car as per our standard support rates, any parking expenses at the client’s premises or premises required to be visited on behalf of the client, and/or standard parts required to finish the job (eg .fly leads, cross over cables etc.)

Warranties rest with the supplier and not with Obsidian Systems.

Availability of stock is solely supplier dependent.

Save as expressly set out in a contract between the client and Obsidian Systems, Obsidian Systems does not make any representation nor gives any warranties or guarantees of any nature whatsoever in respect of the equipment, services and software and all warranties that which are implied or residual at common law are hereby expressly excluded.

Obsidian Systems will not be held liable for the loss of any data. The client is responsible to ensure the existence and integrity of backups on a separate medium from the system to be worked on.

Although every effort will be made to complete the project on time, should the project be delayed due to circumstances beyond our control, we will not be liable for any costs as a result of such delay.

All rights of copyright in and to developed software shall vest in Obsidian Systems, together with all other items of intellectual property and any other rights in the work.

The client hereby indemnifies Obsidian Systems against any claims of any nature by any third party, including but not limited to claims for breach of copyright, license or patent. Pertaining to the data and content provided by the Client.

Should an Obsidian employee accept a job at a client within 6 months of the employee leaving Obsidian, the client is liable for a recruitment fee of 100% of the yearly salary offered to the employee.