Common use of Services and Service Levels Clause in Contracts

Services and Service Levels. 3.1. The Client can purchase a subscription to access and use a Service by following the relevant steps on the BEE123 Portal. Should the Client subscribe to use a Service, the Client will be bound for the full duration of the Subscription Period. Subscriptions to Services shall be for the Subscription Period commencing on the date of payment of the applicable Licence Fee. 3.2. Upon acceptance of a Proposal, and subject to payment of the applicable Fees and Charges, BEE123 grants the Client and its End Users the right to access and use the corresponding Service(s) via the BEE123 Portal only with the user roles according to the Client’s subscription type for the Subscription Period. This right is non- exclusive and non-transferable and limited by this Agreement. 3.3. By purchasing a subscription, the Client: 3.3.1. accepts the licence granted to it in terms hereof; 3.3.2. acknowledges that it will only use the Services in accordance with this Agreement; 3.3.3. is authorised only to use the Services for its own business purposes; 3.3.4. acknowledges and agrees that it shall not, whether directly or indirectly, provide access to the BEE123 Portal or the Services to any third party who is a competitor of BEE123, or who provides services or solutions which are similar to or the same as the BEE123 Portal or the Services; and 3.3.5. acknowledges that it obtains no rights of ownership of the Services or any part thereof whatsoever. 3.4. For so long as the Client pays the applicable Fees and Charges and has an active subscription to a Service, the Client may permit the agreed number of End Users to access and use the relevant subscription for such Service. The Client agrees to ensure that those End Users comply with this Agreement. 3.5. BEE123 will use its commercially reasonable endeavours to ensure that the Services are: 3.5.1. made available to the Client 24 (twenty-four) hours per day, 7 (seven) days per week and 365 (three hundred and sixty-five) days of each year; and 3.5.2. provided to the Client in accordance with the Service Levels. 3.6. From time to time the Client may change the identity of the individuals who are End Users. BEE123 reserves the right to limit the number of times, or the frequency with which, the Client can do this. BEE123 may notify the Client thereof before exercising this right. 3.7. Upon expiry of the then-current Subscription Period, the Client’s subscription to the Services will automatically be renewed for a further Subscription Period at the then-current Licence Fee, escalated at the Escalation Rate, unless the Client notifies BEE123 in writing of its intention not to renew its subscription by no later than 60 (sixty) days prior to the expiry of the then-current Subscription Period.