Terms and Conditions

Section One: General Terms and Conditions

1. The Beneficiary is responsible for ensuring that the system is suitable for the needs of its business before paying the subscription fees. Accepting the terms of this agreement or paying the attached price quotation (even partially) constitutes the Beneficiary’s acknowledgment that the system is suitable for its requirements.
2. The Beneficiary shall provide all system requirements, including network and internet devices and other devices, before booking the installation appointment or activating the service.
3. The Beneficiary is responsible for meeting all pre-installation requirements, such as wired cabling, wireless coverage, and electrical outlets at the installation site. The Service Provider shall make contact within five business days to confirm that the requirements are available and to schedule the installation; if they are not available, another appointment will be scheduled.
4. The Fatora system requires a permanent internet connection to ensure that data is saved on the servers. If the internet connection is interrupted, the application designed for offline operation is used, and when the internet connection is restored, a synchronization is performed to upload the data.
5. System licenses are non-refundable and may not be sold to third parties.
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 Beneficiary shall train all of its employees to become familiar with how to use the system, through the means made available by the Service Provider.
8. The Beneficiary bears full responsibility for updating the system’s operating data (VAT registration number, VAT and its rate, products, prices, discounts, and working hours).
9. The Service Provider has the right to place its logo on the system and its outputs, and the Beneficiary may not conceal the identity of the system by any means whatsoever.
10. The source code of the Fatora system is the exclusive property of the Service Provider, and the Beneficiary is not granted any intellectual property rights in the system.
11. The Beneficiary may not copy or attempt to open the system’s source code, assist in doing so, or resell the system without prior permission; otherwise, the Beneficiary shall be exposed to legal accountability.
12. The Beneficiary shall provide the Service Provider with the following requirements:
    • A completed Beneficiary information form.
    • VAT certificate.
    • Commercial registration (CR).
    • The business’s logo (in PNG format with no background and a size not exceeding 1 MB).
    • Contact information for the person in charge and the supervisors (name, mobile number, email).
13. The Service Provider has the right to use the Beneficiary’s logos for its marketing purposes on its own channels.

Section Two: Assistance, Support, and Updates

1. Remote assistance and support are free of charge during the subscription period and are provided during the Service Provider’s official working hours.
2. Fees for a visit by an on-site technical support specialist are charged based on the assessment of the support and assistance team.
3. Fees are charged for a visit by a technical support specialist to reconfigure the system settings due to the Beneficiary changing the operating environment or due to a fault in it.
4. Updates are performed automatically during the Beneficiary’s subscription period without any intervention on its part.
5. The Beneficiary shall submit support and assistance requests through the official support channels; requests submitted through any other channels shall not be accepted.
6. The Service Provider is not responsible for providing technical support for any fault not related to the system or for devices supplied by another service provider, in which case the Beneficiary shall be responsible for repairing them.
7. The business’s employees will be trained on using the system for a period of one week.

Section Three: Subscription Activation or Renewal

1. The Beneficiary 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 Beneficiary will be notified of the approaching expiry of the annual services contract one month before the renewal date by means of a price quotation issued for the annual services.
4. The Service Provider shall inform the Beneficiary of any change in subscription prices before the renewal date.
5. All services will be suspended upon expiry of the subscription or if payment cannot be completed.

Section Four: Correspondence and Dispute Resolution

Correspondence: The addresses stated at the beginning of this contract are the official addresses approved by both parties, through which communication regarding this contract shall take place.

Dispute Resolution: All disputes that may arise concerning this contract or in the course of its performance or interpretation shall be settled amicably within sixty days. This contract is governed by the laws of the Kingdom of Saudi Arabia. If the disputes cannot be resolved amicably after the aforementioned period, the dispute shall be referred to the competent courts in the Kingdom of Saudi Arabia.

Section Five: Confidentiality and Termination of the Contract

Confidentiality: Both parties undertake to refrain from using, selling, or disclosing any secret or any oral or written information (whether relating to services, lists, prices, or business) that comes to their knowledge during the performance of this contract, for the duration of the contract and for a period of two years from the date of its expiry, regardless of the reason for such expiry.

Termination of the Contract: The parties have agreed that the contract may not be terminated if the other party has not defaulted in performing its provisions. The contract shall be deemed terminated if either party fails to fulfill its obligations and does not remedy such default within twenty (20) days of being notified in writing by the other party.