1. Acceptance of these terms
These terms form an agreement between you (the firm or person using Praxi Manage, and each of your users) and Blackwing Software Technology, a division of RCMA Holdings (Pty) Ltd (“Blackwing”, “we”, “us”). By ticking the acceptance box when you sign in, or by using Praxi Manage, you confirm that you have read and accept them. If you are accepting for a firm, you confirm that you are authorised to bind that firm.
2. Definitions
- Service – the Praxi Manage client relationship management software and related support, hosted by or for Blackwing.
- Firm – the organisation that holds the Praxi Manage subscription.
- User – any person the Firm allows to sign in.
- Firm Data – everything the Firm and its Users load into the Service, including client records, notes, tasks, documents and emails.
3. The service
Praxi Manage helps financial services and advisory firms keep client records, plan and track tasks and actions, store documents and send correspondence. We may improve, change or retire features from time to time. We will give reasonable notice of a change that removes a feature the Firm relies on.
Praxi Manage is a record-keeping and workflow tool. It does not give financial, legal, tax or compliance advice, and the Firm remains responsible for its own regulatory duties.
4. Accounts and security
- Each User must have their own login. Passwords must not be shared.
- The Firm is responsible for all activity under its Users' logins, and for removing access promptly when a person leaves or changes role.
- Tell us straight away at the address in section 15 if you suspect that a login has been misused or that Firm Data has been accessed without permission.
- We may suspend a login that appears to be compromised, to protect the Firm and other customers.
5. Acceptable use
You must not, and must not allow anyone else to:
- use the Service for anything unlawful, fraudulent or misleading;
- upload malicious code, or try to probe, overload or break the security of the Service;
- access data that does not belong to your Firm, or try to get around permissions;
- copy, resell or sub-licence the Service, or build a competing product from it;
- send unsolicited bulk email through the Service, or email people who have asked not to be contacted.
6. Your data and privacy
Ownership. The Firm owns the Firm Data. We claim no rights in it other than the right to host, copy, back up and process it to provide and support the Service.
Roles under POPIA. For personal information about the Firm's clients, the Firm is the responsible party under the Protection of Personal Information Act 4 of 2013 (“POPIA”) and Blackwing acts as an operator. We will process that information only on the Firm's instructions and for the purposes of the Service, keep it confidential, and apply reasonable technical and organisational safeguards.
The Firm's duties. The Firm must have a lawful basis to load personal information into the Service, and must tell its clients what it does with their information.
Security incidents. If we become aware of unauthorised access to Firm Data, we will notify the Firm without undue delay so that it can meet its own notification duties.
Backups and location. We keep regular backups. Information is stored on servers that we control or that are operated for us under written agreements that require equivalent protection.
Our own use. We may use anonymised, aggregated usage figures (never client content) to run and improve the Service.
7. Confidentiality
Each party must keep the other's confidential information private and use it only for this agreement. This does not apply to information that is public through no fault of the recipient, was already known to it, or must be disclosed by law or by a regulator. Our staff who can reach Firm Data are bound by confidentiality duties, and access is limited to what support and maintenance require.
8. Fees and subscription
Fees are those in the Firm's order, quote or subscription confirmation. Unless it says otherwise, fees are invoiced in advance, are exclusive of VAT, and are payable within the period stated on the invoice. If an invoice is overdue we may, after written notice, suspend access until it is paid. Free trials end on the date given, after which a paid subscription is needed to keep using the Service.
9. Availability and support
We work to keep the Service available and will give notice of planned maintenance where we can. We cannot promise uninterrupted or error-free operation, and downtime caused by things outside our reasonable control (for example internet or power failures, or attacks) is not a breach. Support is available through the contact details in section 15 during normal business hours in South Africa.
10. Intellectual property
Blackwing and its licensors own the Service, its software, designs and documentation, including the Praxi Manage name and logos. The Firm receives a non-exclusive, non-transferable right to use the Service for its internal business for as long as the agreement lasts. Feedback you give us may be used to improve the Service without payment or restriction.
11. Warranties and liability
We will provide the Service with reasonable skill and care. Beyond that, and to the extent the law allows, the Service is provided “as is” and we give no other warranties. The Firm is responsible for checking that records are complete and correct before relying on them.
To the extent the law allows, we are not liable for indirect or consequential loss, loss of profit, or loss of goodwill, and our total liability under this agreement in any 12-month period is limited to the fees the Firm paid for the Service in that period. Nothing in these terms excludes liability that cannot be excluded by law, including liability for gross negligence or fraud, or limits any rights you have under the Consumer Protection Act 68 of 2008 where it applies.
12. Termination and your data
- The Firm may stop using the Service and end the agreement at any time by written notice. Fees already paid for a current period are not refundable unless the law requires.
- Either party may end the agreement immediately by written notice if the other commits a serious breach and does not fix it within 14 days of being told.
- The Firm can export its data while it has access. For 30 days after the agreement ends we will, on request, make an export available. After that we may delete Firm Data, other than copies that we must keep by law or that remain in routine backups until they are overwritten.
13. Changes to these terms
We may update these terms. For material changes we will give notice on the sign-in page or by email, and the new terms will apply from the date shown at the top. If you keep using the Service after that date you accept the updated terms; if you do not agree, you may end the agreement under section 12.
14. Governing law
These terms are governed by the laws of the Republic of South Africa. The South African courts have jurisdiction over any dispute that cannot be settled by discussion between the parties.
Blackwing Software Technology
Email: [email protected]
Web: www.blackwing.co.za