ERP & POS System Terms and Conditions
Effective Date: [Insert Date]
These Terms and Conditions ("Agreement") govern the use of the ERP (Enterprise Resource Planning) and POS (Point of Sale) System ("Software") provided by [Your Company Name] ("Company", "We", "Us", or "Our"). By accessing or using the Software, the customer ("Client", "User", or "You") agrees to be bound by these Terms and Conditions.
1. Acceptance of Terms
By purchasing, subscribing to, installing, or using the Software, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree, you must discontinue use immediately.
2. License
The Company grants the Client a non-exclusive, non-transferable, revocable license to use the Software solely for internal business operations.
The Client may not:
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Sell, rent, lease, sublicense, or distribute the Software.
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Reverse engineer, decompile, or modify the Software without written permission.
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Remove or alter any copyright or ownership notices.
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Use the Software for any unlawful purpose.
3. Ownership
The Software, including all source code, databases, documentation, trademarks, and intellectual property, remains the exclusive property of the Company.
Purchasing the Software does not transfer ownership of the Software or its source code.
4. User Responsibilities
The Client agrees to:
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Maintain accurate business information.
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Keep login credentials secure.
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Restrict unauthorized access.
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Ensure compliance with applicable tax and business regulations.
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Maintain regular backups where applicable.
The Company is not responsible for losses caused by negligence, unauthorized access, or poor password management.
5. Data Ownership
All business data entered into the Software belongs to the Client.
The Company will not claim ownership of customer data.
However, the Client is solely responsible for maintaining backups unless backup services are included in the service agreement.
6. Cloud & Hosting Services
For cloud-hosted systems:
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The Company will use commercially reasonable efforts to maintain system availability.
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Scheduled maintenance may temporarily interrupt service.
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Unexpected outages due to internet providers, cloud providers, or force majeure events are beyond the Company's control.
7. Software Updates
The Company may provide:
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Bug fixes
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Security patches
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Feature improvements
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Performance enhancements
Major feature additions may require additional licensing or subscription fees.
8. Support Services
Support is available according to the purchased support plan.
Support includes:
Support does not include:
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Custom development
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Third-party software issues
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Hardware repair
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Operating system troubleshooting
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Network configuration unless specifically agreed
9. Third-Party Integrations
The Software may integrate with third-party services including but not limited to:
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Payment gateways
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SMS providers
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Email services
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Barcode printers
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Fiscal devices
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Accounting software
The Company is not responsible for changes, outages, pricing, or discontinuation of third-party services.
10. Payment Terms
Unless otherwise agreed:
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All payments are non-refundable.
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Subscription fees must be paid before renewal dates.
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Failure to pay may result in suspension or termination of access.
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Taxes and government charges are the Client's responsibility.
11. Subscription Renewal
For subscription licenses:
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Services automatically renew unless cancelled before the renewal date.
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Failure to renew may result in loss of access to updates, cloud services, and technical support.
12. One-Time License
For perpetual licenses:
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The Client receives a lifetime license for the purchased version only.
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Future versions, premium modules, or major upgrades may require additional payment.
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Technical support is provided only during the purchased support period.
13. Data Backup
Unless explicitly included in the service agreement:
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The Client is responsible for maintaining regular backups.
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The Company shall not be liable for data loss resulting from hardware failure, malware, accidental deletion, or user error.
14. Limitation of Liability
To the maximum extent permitted by law, the Company's total liability shall not exceed the amount paid by the Client during the previous twelve (12) months.
The Company shall not be liable for:
15. Warranty Disclaimer
The Software is provided "AS IS" and "AS AVAILABLE."
The Company makes no guarantees that the Software will be uninterrupted, error-free, or suitable for every business requirement.
16. Confidentiality
Both parties agree to protect confidential information received during the business relationship.
Confidential information includes:
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Business records
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Customer information
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Pricing
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Source code
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Financial information
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Trade secrets
This obligation survives termination of the Agreement.
17. Prohibited Use
The Client shall not use the Software for:
18. Suspension or Termination
The Company may suspend or terminate services if:
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Payment remains overdue.
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The Software is used unlawfully.
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The Client violates these Terms.
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The Software is tampered with without authorization.
Termination does not remove the Client's obligation to pay outstanding balances.
19. Privacy
The Company respects user privacy.
Personal and business information will only be used for:
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Account management
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Software operation
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Technical support
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Security
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Legal compliance
The Company will not sell Client data to third parties.
20. Force Majeure
The Company shall not be liable for delays or failures caused by events beyond reasonable control, including:
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Natural disasters
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Fire
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Flood
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War
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Government actions
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Internet outages
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Cyber attacks
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Power failures
21. Intellectual Property
All trademarks, logos, software code, documentation, and branding remain the intellectual property of the Company.
Unauthorized copying or distribution is strictly prohibited.
22. Governing Law
These Terms and Conditions shall be governed by the laws of [Country/State].
Any disputes shall be subject to the exclusive jurisdiction of the courts located within that jurisdiction.
23. Changes to Terms
The Company reserves the right to update these Terms and Conditions at any time.
Continued use of the Software after changes become effective constitutes acceptance of the revised Terms.
24. Contact Information
For questions regarding these Terms and Conditions, please contact:
[Your Company Name]
Email: [support@protiva.org]
Phone: +8801842566315
Website: [www.milderp.com]
Customer Acknowledgment
By purchasing, subscribing to, or using this ERP/POS System, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.
