Terms of service

1.Agreement to these terms

These terms are an agreement between RG Servers (we, us, our) and you. By using the website or the services you accept them. If you accept them on behalf of a business, you confirm that you are authorised to bind it, and you in these terms then means that business. If you do not accept them, do not use the website or the services.

2.Definitions

In these terms:

• The website means rgserver.in and every page on it.
• The services are the Retail Ecosystem — Retail POS, Warehouse Manager, CRM and HR Manager — hosted and operated by us, and the network, internet and support services we provide alongside it.
• An order is the order form, proposal or agreement, however made, in which a customer subscribes to the services and which sets out what it receives, for how long and for what fee.
• The agreement means these terms together with the customer's order.
• A customer is a business that has placed an order. Users are the people a customer allows to use the services.
• Customer data is everything a customer or its users put into the services, including personal data.

3.Using the website

The website is here to explain what we do and to let you get in touch. You may read it, link to it, and quote it with attribution. You may not:

• try to get into any part of it that is not linked for you, or into the systems behind it;
• send automated or bulk messages through the contact form, or use it to send anything unlawful, abusive or misleading;
• put a load on it designed to slow it down or stop it working for others;
• copy it wholesale, or present its content as your own or as endorsed by us.

We work to keep what the website says accurate, but it describes our services; it is not a contract for them. What a customer receives is set out in its order.

4.Who the services are for

The services are provided to businesses, for use in the course of their business. They are not offered to consumers for personal use. Users must be adults acting for the customer.

5.The services and your order

We provide the services described in the customer's order, for the term it states. The order sets out which applications and services the customer receives, for how many locations and users, for what fee, and any service levels we have agreed. Where the order and these terms differ, the order wins.

6.Accounts and access

The customer decides who its users are and what role each has. It is responsible for:

• everything its users do with their access;
• making sure users keep their passwords and devices to themselves;
• switching off the access of anybody who leaves or should no longer have it;
• telling us straight away if it believes somebody has gained access who should not have.

7.Customer data

Customer data belongs to the customer, and it stays the customer's. The customer gives us permission to host, copy, process and display it only so far as that is needed to provide, maintain and support the services.

The customer is the data fiduciary for any personal data in customer data, and we are its data processor. The customer is responsible for having the right to put that data into the services, for its accuracy, and for meeting its own obligations to the people it concerns — including, before it messages its customers, their agreement to be contacted, which the applications record but cannot obtain for it. We handle customer data as our privacy policy describes.

The applications export their main records — customers, products, sales and the rest — as spreadsheets, whenever the customer wants them.

8.Acceptable use

The customer and its users may not use the services:

• for anything unlawful, fraudulent or harmful, or to hold data they have no right to hold;
• to send messages to people who have not agreed to receive them, or anything abusive or misleading;
• to upload malicious code, or anything that infringes somebody else's rights;
• to try to reach another customer's data, to get round any limit or security measure, or to probe, scan or load-test the systems the services run on without our written agreement;
• to copy, modify or reverse-engineer the software, except as far as the law allows despite this term;
• to resell, sublicense or provide the services to others, unless the order says they may.

9.Services you switch on

WhatsApp, the customer's own email and messaging accounts, and the other outside services the applications can connect to are provided by those companies, on their terms. Meeting their requirements — Meta's business verification and its rules on when a business may message a customer, for instance — is the customer's responsibility. We do not control those services and cannot answer for their availability or for what they do with data sent to them.

10.Tax, payroll and compliance

The applications calculate tax, payroll and statutory amounts from rates and rules the customer enters or confirms, and prepare reports and files for returns. They do not file anything with any authority on the customer's behalf. Checking the figures, filing returns and meeting its legal obligations remain the customer's responsibility.

11.Fees and payment

The fees, how they are invoiced and when they are due are set out in the order. Unless the order says otherwise, fees do not include GST or other applicable taxes, which are charged in addition.

12.Support

Customers are supported by their account team, by email, in the manner the order describes.

13.Availability and maintenance

We work to keep the services available and running well, but we do not promise that they will be uninterrupted or free of errors. Maintenance can interrupt them; where we can, we do it outside trading hours and give notice first. Any service levels we have agreed are in the order.

14.Changes to the services

We improve the applications continually and update them for the customer. A new feature arrives switched off, so an update never changes how a shop works until somebody there chooses to turn the new thing on. We will not remove a feature a customer depends on during its term without telling it first.

15.Suspension

We may suspend some or all access to the services where that is needed to stop an attack or other harm to the services or to other customers, to stop unlawful use or a serious breach of the acceptable-use rules, or where fees are overdue beyond what the order allows. We will tell the customer why, suspend no more than is needed, and restore access once the reason has gone.

16.Term and ending

A subscription runs for the term in its order and ends as the order provides. Either party may also end the agreement if the other seriously breaches it and does not put the breach right within a reasonable time of being told about it in writing.

When the agreement ends, access to the services ends. What happens to customer data then is set out in the order; before the end, the customer can export its records as section 7 describes. Terms that by their nature should outlast the agreement — confidentiality, liability and governing law among them — continue after it.

17.Confidentiality

Each party will keep confidential the other's information that is not public and that it receives under the agreement, and use it only for the agreement. That does not apply to information that is or becomes public through no fault of the party receiving it, that it already had or develops independently, or that it is required by law to disclose.

18.Intellectual property

The website, the applications, and everything we have written or built for them belong to us or are used by us under licence. A subscription gives the customer the right to use the services for its business for as long as it lasts; it does not transfer ownership of any software.

If a customer or its users suggest an improvement, we may use the suggestion freely, without any obligation.

19.Warranties and disclaimers

We will provide the services with reasonable skill and care. Beyond that, and as far as the law allows, the services and the website are provided as they are, without any other promise — including that they will suit a particular purpose. Nothing in these terms excludes a right the law does not allow to be excluded.

20.Limitation of liability

As far as the law allows, neither party is liable to the other for any indirect or consequential loss, or for lost profits, revenue or goodwill, however it arises. Our total liability under the agreement is limited as the order provides. Nothing in these terms limits a liability that the law does not allow to be limited, such as liability for fraud.

21.Indemnity

The customer will compensate us for any claim brought by somebody else against us that arises from customer data the customer had no right to put into the services, or from its or its users' breach of the acceptable-use rules.

22.Events beyond our control

Neither party is responsible for a failure or delay caused by something beyond its reasonable control — a natural disaster, a failure of power or of another company's network, or an act of government, for example — for as long as that cause lasts. Fees already due are not affected.

23.Governing law and disputes

The agreement is governed by the laws of India. If a dispute arises, the parties will first try in good faith to settle it by talking to each other. If they cannot, it is for the courts of India.

24.General

• The agreement is the whole agreement between the parties about its subject, and replaces anything said or written before it.
• If any part of it is found unenforceable, the rest still applies.
• Not enforcing a term straight away does not mean giving up the right to enforce it.
• Neither party may transfer the agreement to somebody else without the other's written consent, except as part of a transfer of the whole of its business.
• Notices under the agreement may be given by email — to us at the address at the foot of this page, and to the customer at the address in its order.
• Nothing in the agreement makes the parties partners, or either one the other's agent.

25.Changes to these terms

When these terms change, the date at the top of this page changes with them. A change to the terms of a subscription already under way takes effect only as that subscription's order allows.