Terms and Conditions
In the name of Allah, the Most Gracious, the Most Merciful
We present these terms and conditions to govern and regulate the legal relationship between the Fatora system and its users.
Please read these terms carefully before using the system.
Terms and Conditions:
1.
The Customer
is responsible for ensuring that the system suits the needs of their business before paying the subscription fees.
Accepting the terms of this agreement, or paying the amount of the attached quotation, even partially,
constitutes the Customer’s acknowledgment that the system suits their specific requirements.
2.
The Customer shall
provide all system requirements, including network equipment, internet access and other
devices, before booking an installation/service activation appointment.
3.
The Customer
is responsible for meeting all pre-installation requirements, such as wiring, wireless
coverage and power outlets at the installation site, before booking the installation appointment. Accordingly,
the Service Provider shall contact the Customer within five business days to confirm that
all system requirements are in place and to schedule the installation appointment. If not all system
requirements are in place, the Service Provider will schedule another follow-up appointment.
4.
The Fatora system requires
a constant internet connection
to ensure that data is saved on the system’s servers. If the internet connection is lost, the
offline app is used, and once the
internet connection is restored, the data is synced and uploaded.
5.
System
licenses are non-refundable and may not be sold.
6.
If
a system license is purchased under a promotional offer, the offer covers the first year’s subscription only
or the period specified in the offer.
7.
The Customer shall
train all of their employees to become familiar with how to use the system, through the means
made available by the Service Provider or as stated in the official quotation.
8.
The Customer
bears full responsibility for updating the system’s operating data, including the tax number,
value-added tax (VAT) and its rate, products, prices, discounts, working hours and all
settings related to the store and products, through the means provided by the Service
Provider.
9.
The Service Provider has the right
to place its logo on the system and its outputs, and the Customer may not conceal
the system’s identity by any means whatsoever.
10.
The source code of the Fatora system is the exclusive property of the Service Provider, and the Customer is not granted any
intellectual property rights to the system.
11.
The Customer may not copy or attempt to access
the system’s source code, assist anyone in doing so, or resell the system without prior permission from the Service
Provider; otherwise, the Customer will be subject to legal liability.
12.
The Customer must provide the Service Provider
with the following:
VAT registration certificate
Commercial registration (CR)
Business logo (format: PNG with a transparent background, no larger than 1 MB)
Contact details of the manager and supervisors
(name, mobile number, email)
13.
The Service Provider may use the
Customer’s logos for its marketing purposes on its own channels.
Assistance, Support and Updates:
1.
Remote assistance
and support are free of charge during the subscription period and are available during the Service Provider’s official working hours.
2.
Fees are charged
for visits by an on-site technical support specialist, based on the assessment of the support team.
3.
Fees are charged
for a technical support specialist’s visit to reset the system settings due to the Customer changing the operating
environment or due to a fault in it.
4.
Updates
are applied automatically during the Customer’s subscription period.
5.
The Customer shall
submit support and assistance requests through the Service Provider’s official support channels;
requests submitted outside the official support channels will not be accepted.
6.
The Service
Provider is not responsible for providing technical support for any fault unrelated to the system, or for devices
supplied by another service provider; in such cases, the Customer is responsible for repairing the fault.
7.
Training
of the business’s employees on how to use the system for a period of one week.
Subscription Activation or Renewal:
1.
The Customer shall
deliver the payment receipt to the Second Party so that the setup and installation procedures can proceed.
2.
The license
activation date is calculated from the activation of the copy at the business’s premises.
3.
The Customer will be
notified one month before the renewal date that the annual services contract is about to expire,
through the issuance of a quotation for the annual services.
4.
The Service Provider shall
inform the Customer of any change in subscription prices before the
renewal date.
5.
All services
will be suspended when the subscription expires or if payment cannot be completed.
Correspondence:
The addresses stated at the beginning of this contract are
the official addresses approved by both parties, through which the parties shall communicate regarding
this contract.
Dispute Resolution:
All disputes that may arise regarding this
contract, or in the course of its execution or interpretation, shall be settled amicably within sixty days. This
contract is governed by the laws of the Kingdom of Saudi Arabia. If the dispute cannot be resolved amicably after the aforementioned period, it shall be referred
to the specialized courts in the Kingdom of Saudi Arabia,
and recourse shall be made to the competent courts to resolve such disputes.
Confidentiality:
Both parties undertake to refrain from using, selling or disclosing any secret or
any oral or written information, clarification or professional secret that comes to their knowledge while performing this
contract, if it relates directly or indirectly to the parties, the services,
lists, prices, work, etc., whether oral or written, throughout the term of this
contract and for two years from the date this contract ends, regardless of the reason for its termination.
Termination of Contract:
The two parties agree
that the contract may not be terminated unless the other party has failed to perform its part in executing the terms of the contract. The
contract shall be deemed terminated if either party fails to fulfill its obligations and does not remedy such failure
within twenty (20) days of written notice from the other party.