Refer a friend - Terms and conditions

Eligibility

The referral program (“Program”) is open to existing clients of Xenex Computer Systems (Pty) Ltd (“Company”) who meet the following criteria:

Active Clients: Participants must be current clients of the Company and must be in good standing with all outstanding invoices paid up to date.
Age Requirement: Participants must be at least 18 years of age or the legal age of majority in their jurisdiction of residence.
Residency: Participants must reside in a jurisdiction where the Program is legally permitted and not prohibited by law.
Compliance: Participants must comply with all applicable laws, regulations, and ethical standards when participating in the Program.
Employees and Affiliates: Employees, contractors, agents, and affiliates of the Company are not eligible to participate in the Program.
Personal Use: Referrals made through the Program must be for personal or business purposes only and may not be used for commercial or promotional purposes without the prior consent of the Company.
Consent: By participating in the Program, participants agree to abide by these terms and conditions and consent to the collection, use, and disclosure of their personal information in accordance with the Company’s privacy policy.

The Company reserves the right to verify the eligibility of participants and to disqualify any participant who violates these terms and conditions or engages in fraudulent or unethical behavior in connection with the Program.

By participating in the Program, participants acknowledge and agree that their participation is subject to these eligibility requirements and any other terms and conditions established by the Company.

Limitations

To ensure the integrity and effectiveness of the referral program (“Program”) of Xenex Computer Systems (Pty) Ltd (“Company”), the following limitations apply to participation and reward eligibility:

Exceeding Gift Card Value: The total value of the services contracted by the referral must exceed the value of the gift card reward in order for the referrer to be eligible to receive the reward. If the total service value falls below the value of the gift card, the referrer will not be entitled to receive the reward for that referral.
Non-Transferable Rewards: Gift card rewards provided under the Program are non-transferable and may not be exchanged for cash or other forms of compensation. Rewards are issued solely to the referrer who made the successful referral and are not transferable to third parties.
Reward Redemption Period: Referrers must redeem their gift card rewards within the specified redemption period provided by the Company. Failure to redeem rewards within this period may result in forfeiture of the rewards, and the Company shall have no obligation to reissue or extend the redemption period.
Limitation of Liability: The Company shall not be liable for any loss, damage, or inconvenience incurred by participants as a result of any limitations or restrictions imposed by the Program, including but not limited to limitations on reward eligibility or redemption.

The Company reserves the right to modify or update the limitations of the Program at any time, with or without prior notice, at its sole discretion. By participating in the Program, participants acknowledge and agree to abide by the limitations and all other terms and conditions established by the Company.

Referral Criteria

To qualify as a valid referral under the referral program (“Program”) of Xenex Computer Systems (Pty) Ltd (“Company”), the following criteria must be met:

New Client: The referred individual or organization (“Referral”) must be a new client to the Company and must not have previously engaged with the Company’s services within the past 12 months.
Contractual Engagement: The Referral must sign a contract with the Company for managed services or other eligible services offered by the Company, as determined by the Company in its sole discretion.
Minimum Service Period: The Referral must remain engaged with the Company’s services for a minimum period of 12 Months, as specified in the contract signed by the Referral.
Payment Compliance: The Referral must comply with all payment terms and obligations outlined in their contract with the Company, including timely payment of all fees and charges associated with the Company’s services.
Valid Referral Source: The Referral must be directly referred to the Company by an existing client of the Company who is eligible to participate in the Program and who complies with the terms and conditions of the Program.
Submission Process: The referral must be submitted to the Company through the designated referral submission process, which may include completing a referral form, contacting a designated referral coordinator, or using an online referral portal provided by the Company.
Verification and Approval: The Company reserves the right to verify the validity of each referral and to determine whether the referral meets the Program criteria for eligibility. The Company’s decision regarding the approval of referrals shall be final and binding.
Exclusions: Referrals made by employees, contractors, agents, or affiliates of the Company are not eligible for rewards under the Program. Additionally, referrals that are deemed fraudulent, misleading, or in violation of any applicable laws or regulations will be disqualified from the Program.

The Company reserves the right to modify or update the referral criteria at any time, with or without prior notice, at its sole discretion. By participating in the Program, participants agree to abide by the referral criteria and all other terms and conditions established by the Company.

Incentives

As a token of our appreciation for your support and loyalty, Xenex Computer Systems (Pty) Ltd (“Company”) is pleased to offer the following incentive to eligible participants who refer new clients to the Company through our referral program (“Program”):

Gift Card Reward: For each successful referral made by an eligible participant, the participant will receive a R500.00 gift card that can be used wherever Mastercard is accepted (“Gift Card”).
Reward Redemption: The Gift Card will be issued to the participant within 14 days following the successful completion of the referral’s engagement with the Company, as determined by the Company in its sole discretion.
No Cash Value: The Gift Card has no cash value and cannot be exchanged for cash or other forms of compensation. The Gift Card is non-transferable and may only be used by the participant to whom it is issued.
Expiration: The Gift Card may have an expiration date, which will be specified on the card itself or in the accompanying terms and conditions. Participants are responsible for using the Gift Card before the expiration date to avoid forfeiture of the reward.
Limitations: There is no limit to the number of referrals a participant can make or the number of Gift Cards they can earn through the Program, subject to the terms and conditions of the Program and the availability of funds allocated for incentives by the Company.
Tax Implications: Participants are solely responsible for any taxes or fees associated with receiving the Gift Card reward under the Program. The Company will not be responsible for any tax liabilities incurred by participants in connection with their participation in the Program.
Modification or Termination: The Company reserves the right to modify, suspend, or terminate the incentive offer at any time, with or without prior notice, at its sole discretion. In the event of such modification, suspension, or termination, the Company will communicate any changes to participants in accordance with the Program terms and conditions.

By participating in the Program and accepting the Gift Card reward, participants acknowledge and agree to abide by the terms and conditions of the Program, including the terms of this incentive offer.

Submission Process

To submit a referral and participate in the referral program (“Program”) of Xenex Computer Systems (Pty) Ltd (“Company”), eligible participants must follow the designated submissions process outlined below:

Referrer Information Collection: The referrer, who must be an existing client of the Company in good standing, will provide their contact information and other required details through a Microsoft Forms referral submission form provided by the Company.
Referral Information Collection: The referrer will also provide the contact information and relevant details of the individual or organization they are referring to the Company for consideration as a potential new client. This information will be collected through the same Microsoft Forms referral submission form.
Submission Confirmation: Upon successful completion of the referral submission form, the referrer will receive a confirmation message indicating that their referral has been received by the Company and is being processed for consideration.
Referral Review: The Company will review the information provided in the referral submission form to determine the eligibility and suitability of the referral for engagement with the Company’s services. The Company reserves the right to accept or reject referrals at its sole discretion.
Notification of Referral Status: The referrer will be notified of the status of their referral submission via email or other designated communication channels within a reasonable timeframe following the Company’s review process. This notification will indicate whether the referral has been approved or rejected for further consideration.
Referral Tracking: The Company will maintain records of all referral submissions received through the Microsoft Forms referral submission form, including details of the referrer, the referral, and the status of each referral. This information will be used for tracking, reporting, and reward distribution purposes as outlined in the Program terms and conditions.
Reward Distribution: If a referral is approved and successfully engages with the Company’s services, the referrer will be eligible to receive the designated incentive or reward as specified in the Program terms and conditions. The Company will distribute rewards to eligible referrers within the timeframe indicated in the Program guidelines.

Participants are responsible for ensuring the accuracy and completeness of the information provided in the referral submission form. Any inaccuracies or discrepancies may result in delays or disqualification of the referral from the Program.

By participating in the Program and submitting referrals through the designated submissions process, participants acknowledge and agree to abide by the terms and conditions of the Program, including the submission process outlined above.

Referral Validity Period

Referrals submitted under the referral program (“Program”) of Xenex Computer Systems (Pty) Ltd (“Company”) must meet the following Referral Validity Period criteria to be eligible for consideration and rewards:

Submission Date: Referrals must be submitted to the Company through the designated referral submission process within 30 days from the date of the initial referral conversation or interaction between the referrer and the prospective new client.
Engagement Period: Once submitted, referrals must engage with the Company’s services and sign a contract for managed services or other eligible services within 30 days from the date of referral submission.
Service Continuation: Referrals must remain engaged with the Company’s services for a minimum period of 12 Months, as specified in the contract signed by the referral. This period may vary depending on the nature and terms of the services provided by the Company.
Reward Distribution: Eligible referrers will receive the designated incentive or reward for successful referrals within 14 days following the completion of the referral’s engagement period and verification of eligibility by the Company.
Expiration of Referral Validity: Referrals that do not meet the above criteria within the specified Referral Validity Period will be deemed ineligible for consideration and rewards under the Program. The Company reserves the right to reject or disqualify referrals that fail to comply with these requirements.
Extension or Modification: The Company may, at its sole discretion, extend or modify the Referral Validity Period for specific referrals or adjust the criteria based on business needs, market conditions, or other factors. Any such extensions or modifications will be communicated to participants in accordance with the Program terms and conditions.

Participants are responsible for ensuring that referrals are submitted and engaged within the Referral Validity Period specified by the Company. Failure to adhere to these requirements may result in disqualification from the Program and forfeiture of any associated rewards.

By participating in the Program and submitting referrals within the Referral Validity Period, participants acknowledge and agree to abide by the terms and conditions of the Program, including the Referral Validity Period criteria outlined above.

Verification and Approval

Upon receipt of a referral submission through the designated process outlined in the referral program (“Program”) of Xenex Computer Systems (Pty) Ltd (“Company”), the following verification and approval process will be followed:

Initial Review: The Company will conduct an initial review of the referral submission to ensure that all required information has been provided and that the referral meets the eligibility criteria specified in the Program terms and conditions.
Verification of Referral Details: The Company may verify the accuracy and validity of the referral details provided, including contact information and eligibility for engagement with the Company’s services.
Confirmation of Referral Status: Once the referral has been reviewed and verified, the Company will notify the referrer of the status of their referral submission. This notification will indicate whether the referral has been approved for further consideration or if additional information is required.
Approval Process: Referrals that meet the eligibility criteria and are deemed valid by the Company will proceed to the approval process. This may involve further evaluation of the referral’s suitability for engagement with the Company’s services and confirmation of the referral’s compliance with Program requirements.
Notification of Approval: Upon approval of the referral, the Company will notify the referrer of the referral’s status and provide any additional instructions or next steps required for the referral to proceed with engagement with the Company’s services.
Reward Distribution: Eligible referrers will receive the designated incentive or reward for successful referrals within the specified timeframe following the completion of the referral’s engagement period and verification of eligibility by the Company.
Appeals Process: In the event that a referral is not approved or is deemed ineligible for rewards, the referrer may request a review of the decision through the Company’s appeals process, as outlined in the Program terms and conditions.

The Company reserves the right to verify and approve referrals at its sole discretion and to reject or disqualify referrals that do not comply with Program requirements. By participating in the Program, participants acknowledge and agree to abide by the verification and approval process established by the Company.

Exclusions

To maintain the integrity and fairness of the referral program (“Program”) of Xenex Computer Systems (Pty) Ltd (“Company”), the following exclusions apply to participation and reward eligibility:

Company Personnel: Employees, contractors, agents, and affiliates of Xenex Computer Systems (Pty) Ltd (“Company”) are excluded from participating in the Program. This includes individuals directly employed by the Company or individuals engaged in contractual or agency relationships with the Company.
Immediate Family Members: Immediate family members (including spouses, parents, children, siblings, and household members) of Company personnel are also excluded from participating in the Program.
Fraudulent or Misleading Referrals: Referrals that are determined to be fraudulent, misleading, or in violation of the Program terms and conditions are excluded from participation in the Program. This includes referrals that involve falsified information, misrepresentation of facts, or unethical behavior.
Violations of Program Rules: Referrals that violate any of the rules, guidelines, or restrictions outlined in the Program terms and conditions are excluded from participation. This includes referrals that fail to meet eligibility criteria, submission requirements, or other Program guidelines.
Non-Compliance with Laws: Referrals that involve non-compliance with applicable laws, regulations, or ethical standards are excluded from participation in the Program. This includes referrals that violate any legal or regulatory requirements in the jurisdiction where the Program operates.
Other Exclusions: The Company reserves the right to exclude any referral from participation in the Program that it deems ineligible or unsuitable for any reason not explicitly stated in the Program terms and conditions. This may include referrals that pose a conflict of interest, reputational risk, or other concerns for the Company.

The Company reserves the right to enforce these exclusions at its sole discretion and to disqualify any referral that falls within the scope of these exclusions. By participating in the Program, participants acknowledge and agree to abide by these exclusions and all other terms and conditions established by the Company.

Modification and Termination

Xenex Computer Systems (Pty) Ltd (“Company”) reserves the right to modify or terminate the referral program (“Program”) at any time, with or without prior notice, at its sole discretion. Participants in the Program acknowledge and agree to the following:

Modification: The Company may modify any aspect of the Program, including but not limited to the eligibility criteria, referral rewards, submission process, and Program terms and conditions. Any modifications will be effective immediately upon posting of the updated Program terms and conditions on the Company’s website or other designated communication channels.
Termination: The Company may terminate the Program in its entirety or suspend the Program temporarily or indefinitely. In the event of termination or suspension, the Company will provide notice to participants through email, website announcements, or other appropriate means. Upon termination of the Program, no further referrals will be accepted, and no additional rewards will be issued.
Effect on Existing Referrals: Modifications or termination of the Program will not affect the eligibility or status of referrals that have already been submitted and approved prior to the effective date of the changes. Rewards for approved referrals will be issued in accordance with the Program terms and conditions applicable at the time of referral approval.
No Liability: The Company shall not be liable to participants or any third parties for any modifications, suspensions, or terminations of the Program, including any resulting loss, inconvenience, or disruption. Participants acknowledge and agree that participation in the Program is voluntary and subject to the Company’s right to modify or terminate the Program at any time.
Continued Participation: Participants who continue to participate in the Program after modifications have been made or after notice of termination has been provided are deemed to have accepted the updated Program terms and conditions. Participants may choose to opt out of the Program at any time by notifying the Company in writing.

Participants are encouraged to review the Program terms and conditions periodically for any updates or changes. By participating in the Program, participants acknowledge and agree to abide by the terms and conditions as outlined by the Company.

Compliance with Laws and Regulations

Participants in the referral program (“Program”) of Xenex Computer Systems (Pty) Ltd (“Company”) agree to comply with all applicable laws, regulations, and ethical standards governing referral programs in South Africa. The following terms and conditions apply to participation in the Program:

Legal Compliance: Participants must ensure that their participation in the Program is in compliance with all laws and regulations applicable in South Africa, including but not limited to consumer protection laws, data protection laws, and competition laws.
Ethical Standards: Participants must conduct themselves ethically and with integrity when participating in the Program. This includes refraining from engaging in any fraudulent, deceptive, or unethical practices that could undermine the integrity of the Program or damage the reputation of the Company.
Protection of Personal Information: Participants must respect the privacy and confidentiality of personal information obtained through the Program, both in accordance with South African law and the Company’s privacy policy. Personal information collected through the Program must be used only for the purposes of the Program and must not be disclosed or shared with third parties without proper authorization.
Disclosure of Incentives: Participants must disclose to their referrals any incentives or rewards they may receive for successful referrals, in accordance with applicable laws and regulations governing referral programs and consumer protection.
Anti-Bribery and Corruption: Participants must comply with all laws and regulations related to anti-bribery and corruption, including the Prevention and Combating of Corrupt Activities Act (Act No. 12 of 2004) in South Africa. Participants must not offer or accept bribes, kickbacks, or other improper inducements in connection with their participation in the Program.
Indemnification: Participants agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, liabilities, or losses arising from or related to their non-compliance with applicable laws and regulations or their breach of the Program terms and conditions.
Reporting Violations: Participants who become aware of any violations of laws, regulations, or ethical standards in connection with the Program are encouraged to report such violations to the Company’s designated compliance officer or legal department.

By participating in the Program, participants acknowledge and agree to abide by these terms and conditions regarding compliance with laws and regulations in South Africa. The Company reserves the right to take appropriate action, including termination of participation, in the event of non-compliance with these requirements.

Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to the referral program (“Program”) of Xenex Computer Systems (Pty) Ltd (“Company”), the following dispute resolution process shall apply:

Negotiation: The parties involved in the dispute shall first attempt to resolve the matter amicably through good-faith negotiation. Each party agrees to promptly notify the other party in writing of any dispute and to engage in discussions aimed at reaching a mutually satisfactory resolution.
Mediation: If the dispute cannot be resolved through negotiation within a reasonable timeframe, the parties agree to attempt mediation by a neutral third party mutually agreed upon by both parties. The mediator’s role will be to facilitate communication and assist the parties in reaching a voluntary settlement.
Arbitration: If mediation is unsuccessful or if the parties elect not to pursue mediation, any unresolved disputes shall be submitted to final and binding arbitration in accordance with the arbitration rules of [Arbitration Organization Name] (“Arbitration Organization”). The arbitration shall be conducted by a single arbitrator appointed by the Arbitration Organization.
Governing Law: The arbitration proceedings shall be governed by the laws of South Africa, without regard to its conflict of law principles. The decision of the arbitrator shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction.
Costs: Each party shall bear its own costs associated with the dispute resolution process, including attorneys’ fees and arbitration costs, unless otherwise determined by the arbitrator in the final award.
Exceptions: Notwithstanding the above, either party may seek injunctive relief or other equitable remedies from a court of competent jurisdiction to prevent irreparable harm or preserve the status quo pending resolution of the dispute.

By participating in the Program, participants agree to abide by this dispute resolution process and waive any right to pursue claims through litigation, except as provided herein. This dispute resolution clause constitutes the sole and exclusive mechanism for resolving disputes arising from or related to the Program.

Governing Law

The referral program (“Program”) of Xenex Computer Systems (Pty) Ltd (“Company”) shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to the Program, including but not limited to its validity, interpretation, performance, or termination, shall be subject to the exclusive jurisdiction of the courts of South Africa.

Participants in the Program hereby submit to the jurisdiction of the courts of South Africa and waive any objection to venue in such courts based on grounds of forum non conveniens or any other similar doctrine.

This Governing Law clause constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, relating to the Program.