The SAAS Agreement is for the benefit of the Customer and Zensai and, except as may otherwise be expressly set forth in any Zensai Reseller Terms with respect to a particular Third-Party Solution, it is not intended to benefit or be enforceable by any third party.
Supplier means the successful bidder who is awarded the contract to maintain and administer the required and specified service(s) to the State.
Customer means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The “Customer” may also be the “Buyer” as defined in the PUR 1001 if it meets the definition of both terms.
Local content means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place.
Seller has the meaning set forth in the Preamble.
Imported content means that portion of the bidding price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will be manufactured.
Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Manufacture means the production of products in a factory using labour, materials, components and machinery and includes other related value-adding activities.
Software means any and all computer programs, including any and all software implementations of algorithms, models and methodologies, whether in source code or object code; databases and compilations, including any and all data and collections of data, whether machine readable or otherwise; descriptions, flow-charts and other work product used to design, plan, organize and develop any of the foregoing, screens, user interfaces, report formats, firmware, development tools, templates, menus, buttons and icons; and all documentation including user manuals and other training documentation related to any of the foregoing.
Purchaser means the organization purchasing the goods.
Contract means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
tender for income-generating contracts means a written offer in the form determined by an organ of state in response to an invitation for the origination of income-generating contracts through any method envisaged in legislation that will result in a legal agreement between the organ of state and a third party that produces revenue for the organ of state, and includes, but is not limited to, leasing and disposal of assets and concession contracts, excluding direct sales and disposal of assets through public auctions; and
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.
Agreement has the meaning set forth in the preamble.
Operator means the operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used for K–12 school purposes. Any entity that operates an internet website, online service, online application, or mobile application that has entered into a signed, written agreement with an LEA to provide a service to that LEA shall be considered an “operator” for the purposes of this section.
Client means the Project lead of technical wing of the Purchaser for whose’ particular project the Goods / Services have been procured or any other person, duly appointed in writing, by the Client, for the time being or from time to time, to act as Client for the purposes of the Contract.
Closing Date has the meaning set forth in Section 2.2.
GCC means the General Conditions of Contract.
Site means the place or places where the permanent Works are to be carried out including workshops where the same is being prepared.
User means a person, department or other administrative unit of the City authorized by the Contract Administrator to order Work under this Contract;
price means an amount of money tendered for goods or services, and includes all applicable taxes less all unconditional discounts;
Procuring Entity means the Entity named in the Special Conditions of Contract.
Contract Price means the price payable to the supplier under the contract for the full and proper performance of his contractual obligations.
Closing time means the date and hour specified in the bidding documents for the receipt of bids.
Intellectual Property the collective reference to all rights, priorities and privileges relating to intellectual property, whether arising under United States, multinational or foreign laws or otherwise, including copyrights, copyright licenses, patents, patent licenses, trademarks, trademark licenses, technology, know-how and processes, and all rights to xxx at law or in equity for any infringement or other impairment thereof, including the right to receive all proceeds and damages therefrom.
Parties has the meaning set forth in the Preamble.
Parent means a “parent corporation,” whether now or hereafter existing, as defined in Section 424(e) of the Code.