Terms and Conditions

N&T Software provides configurable and custom software solutions for food businesses, retail businesses, franchises, multi-branch businesses and other commercial organisations.

Available modules may include billing, KOT, inventory, purchase management, stock management, payment recording, staff attendance, petty cash, customer management, reporting, online ordering, notifications, mobile applications and integrations.

Where documents conflict, the following order will apply:

1. Signed agreement, order form or accepted quotation;
2. Statement of Work or approved scope document;
3. Data Processing Agreement;
4. Service Level Agreement or support plan;
5. These Terms and Conditions;
6. General website descriptions, brochures and marketing materials.

Website information is provided for general product explanation and does not constitute a binding commercial offer.

The person accepting these Terms confirms that they are legally authorised to act for the customer or business.

The customer is responsible for:

• Maintaining the confidentiality of usernames, passwords, OTPs and administrator access;
• Creating appropriate user roles and permissions;
• Preventing unauthorised access;
• Ensuring that authorised users follow these Terms;
• Informing N&T Software promptly of suspected account misuse or security incidents.

Activity performed through an authorised customer account may be treated as activity performed by the customer.

Subject to payment and compliance with these Terms, N&T Software grants the customer a limited, non-exclusive, non-transferable and revocable right to use the agreed software for its internal business operations during the applicable subscription or licence period.

Unless expressly agreed in writing, the customer may not:

• Copy, resell, sublicense, rent or commercially distribute the software;
• Reverse engineer, decompile or attempt to extract source code;
• Remove ownership, copyright or branding notices;
• Use the software to develop or support a competing product;
• Bypass user, outlet, device, transaction or subscription restrictions;
• Provide access to unauthorised third parties.

Prices will be specified in the relevant quotation, order form or invoice.

Unless expressly stated otherwise:

• Applicable taxes are additional;
• Hardware, hosting, domains, SMS, WhatsApp, payment gateway fees and third-party charges are excluded;
• Bank charges, foreign exchange charges and withholding obligations are the customer’s responsibility;
• Implementation begins only after receipt of the agreed advance payment and required information;
• Overdue amounts may attract interest of [percentage]% per month or the maximum permitted by law, whichever is lower.

N&T Software may suspend access after giving reasonable notice where undisputed payments remain overdue.

Subscription plans remain active for the agreed billing period.

Subscriptions may renew automatically only where this is clearly stated in the order form and the customer has authorised recurring billing. Otherwise, renewal will require payment of a renewal invoice.

N&T Software may revise renewal prices by providing at least [30] days’ notice. Revised pricing will apply from the next renewal period and not retrospectively.

The customer may cancel an upcoming renewal by providing written notice at least [30] days before the renewal date.

Unless otherwise stated in the quotation:

• Subscription fees already paid are non-refundable after activation;
• Implementation, configuration, training and data-migration charges are non-refundable once work has begun;
• Custom-development payments are non-refundable for work already performed or resources already allocated;
• Hardware and third-party purchases are subject to the supplier’s return and warranty policy;
• SMS, WhatsApp, domain, hosting, payment gateway and API charges are non-refundable where paid to third parties;
• Duplicate or demonstrably incorrect payments will be corrected or refunded after verification.

Any legally mandatory refund rights will continue to apply.

The customer must provide accurate and timely information, including product masters, prices, opening stock, taxes, outlet details, staff details, supplier information, bill formats, integration credentials and hardware specifications.

Implementation timelines are estimates unless expressly identified as guaranteed milestones.

Delays caused by incomplete information, unavailable customer personnel, delayed approvals, hardware issues, third-party providers or changes in scope may extend the delivery schedule and may result in additional charges.

The customer must test the configured software during the agreed User Acceptance Testing period.

The customer must report material defects in writing with sufficient details to reproduce them. The software will be considered accepted when:

• The customer provides written acceptance;
• The software is used in production;
• The customer does not report material defects within [7/15] days of delivery; or
• Reported issues are minor and do not prevent substantial use of the agreed functions.

Requests made after acceptance may be treated as support requests or change requests.

The customer is responsible for the accuracy and legality of all data entered, imported or generated through its use of the software, including:

• Product names, prices and taxes;
• Opening and closing stock;
• Batch, expiry and serial-number information;
• Customer and employee records;
• Discounts, payment modes and accounting classifications;
• Supplier, purchase and expense records.

Reports and analytics depend on the completeness and accuracy of the underlying data. N&T Software is not responsible for losses caused by incorrect customer-provided data, unauthorised edits or failure to follow the configured workflow.

Offline billing or order capture is available only where it is included and configured for the customer.

Offline functionality may be affected by device condition, local storage, power supply, software updates, local-network configuration and prolonged internet unavailability.

Cloud synchronisation will occur after connectivity is restored, subject to supported data, device condition and system availability. The customer must review synchronised transactions and promptly report duplicates, conflicts or missing entries.

The Services may connect with payment gateways, banks, SMS providers, WhatsApp providers, delivery platforms, accounting systems, ERP systems, marketplaces, cloud hosting services or other third-party products.

Third-party services are governed by their own terms, pricing, privacy policies and technical limitations.

N&T Software is not responsible for:

• Third-party downtime, rejection or service discontinuation;
• Changes to third-party APIs;
• Delayed OTPs, messages, settlements or payment confirmations;
• Charges imposed by third-party providers;
• Suspension caused by the customer’s violation of a provider’s policy;
• Data handling performed independently by a third-party provider.

Additional development or replacement integration required because of third-party changes may be quoted separately.

Unless included in a written quotation, the customer is responsible for obtaining and maintaining compatible computers, POS terminals, printers, scanners, cash drawers, biometric devices, weighing scales, routers, UPS equipment, internet connectivity and local networks.

N&T Software does not guarantee compatibility with every hardware model. Hardware installation, replacement, warranty and onsite support are excluded unless separately agreed.

Support will be provided according to the purchased support plan.

Standard support may include assistance with reproducible software errors and guidance on existing functions. It does not automatically include:

• New features or custom reports;
• Data entry or data correction;
• Hardware repair;
• Onsite visits;
• Third-party account management;
• Employee retraining caused by staff turnover;
• Recovery from unauthorised customer modifications;
• Major version upgrades or regulatory changes.

Support hours, response targets and escalation procedures will be stated in the applicable support plan or Service Level Agreement.

Custom applications, mobile apps, reports, workflows and integrations will be governed by an approved scope, timeline and commercial proposal.

Any requirement outside the approved scope will be treated as a change request. N&T Software may provide a revised estimate for cost, delivery time and technical impact before beginning that work.

Verbal discussions, demonstrations or messages do not amend the agreed scope unless confirmed in writing by authorised representatives.

As between N&T Software and the customer, the customer retains ownership of the business data submitted to the Services.

The customer grants N&T Software permission to host, copy, transmit, process, back up and otherwise handle that data only as reasonably necessary to provide, secure, maintain and support the Services or comply with law.

N&T Software may use aggregated or de-identified statistical information for system performance, security, analytics and product improvement, provided it does not identify the customer or an individual.

Each party must comply with applicable privacy and data-protection requirements.

The customer is responsible for determining whether it has a lawful basis to collect and use the personal data of its customers, employees, visitors and suppliers through the POS system.

Where N&T Software processes personal data only on the customer’s documented instructions, the parties may enter into a separate Data Processing Agreement addressing security, subprocessors, data requests, incident handling, retention and deletion.

Use of the website is also governed by the N&T Software Privacy Policy.

N&T Software will use reasonable technical and organisational safeguards appropriate to the Services.

No internet-based or locally installed system can be guaranteed to be completely secure or error-free. The customer must maintain appropriate internal controls, endpoint security, password policies and access restrictions.

Backup frequency, retention and disaster-recovery commitments apply only where specified in the selected hosting or support plan. Customers should periodically export and retain business-critical reports and records required for legal, accounting or operational purposes.

N&T Software and its licensors retain all rights in the software, source code, frameworks, reusable modules, documentation, database structures, designs, trademarks, methodologies and underlying technology.

Payment for configuration or custom development does not transfer source-code ownership unless a separate written source-code assignment or intellectual-property transfer agreement expressly states otherwise.

The customer retains ownership of its trademarks, business content and data.

The customer is solely responsible for:

• Correct tax rates, invoice wording and statutory records;
• Business, food, pharmacy, liquor, trade or professional licences;
• Employee attendance and employment-law compliance;
• Customer consent for promotional SMS, WhatsApp or email communication;
• Product pricing, expiry, warranty and labelling obligations;
• Retention of invoices and records required by law;
• Reviewing reports before filing taxes or making financial decisions.

N&T Software provides operational software and does not provide accounting, tax, legal, medical or regulatory advice.

N&T Software may suspend or terminate access where:

• Fees remain overdue;
• The software is used unlawfully or fraudulently;
• The customer compromises system security;
• Use threatens the Services or other customers;
• The customer breaches licence restrictions;
• Continued service is prohibited by law or a third-party provider.

Where reasonably possible, N&T Software will provide notice and an opportunity to remedy the breach.

Upon termination, the customer must stop using the software and pay all outstanding charges. Data export or retention after termination will be governed by the applicable plan, Data Processing Agreement or written contract.

The Services are provided on an “as available” basis, subject to the expressly agreed specifications.

N&T Software does not guarantee that:

• The software will operate without interruption or minor errors;
• Every third-party device or service will remain compatible;
• Reports will be accurate where source data is incorrect;
• Use of the software will increase sales, profit or regulatory compliance;
• Internet, cloud, payment, SMS or third-party services will always be available.

Any express warranty must be stated in the signed agreement or order form.

To the maximum extent permitted by law, N&T Software will not be liable for indirect, incidental, special, punitive or consequential losses, including loss of profit, revenue, goodwill, anticipated savings or business opportunity.

N&T Software will not be liable for losses caused by incorrect data, customer misuse, unauthorised access, hardware failure, internet failure, power failure, third-party services or failure to maintain required backups.

N&T Software’s total aggregate liability relating to the affected Services will not exceed the fees paid by the customer for those Services during the twelve months preceding the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot legally be excluded.

The customer will indemnify N&T Software against third-party claims, penalties, losses and reasonable expenses arising from:

• Unlawful or unauthorised customer data;
• The customer’s breach of privacy, tax, employment or sector-specific laws;
• Misuse of the software;
• Infringement caused by customer-provided content;
• Fraudulent transactions or unauthorised account activity attributable to the customer;
• The customer’s breach of these Terms.

Neither party will be liable for delay or failure caused by events beyond reasonable control, including natural disasters, fire, flood, epidemic, war, civil disturbance, government action, internet outages, cloud-provider failures, cyberattacks, power failures, strikes or telecommunications disruption.

Payment obligations for Services already supplied are not excused by force majeure.

N&T Software may update these Terms to reflect changes in the Services, security requirements, laws or business practices.

Material changes will be communicated through the website, account, email or another reasonable method. Updated Terms will apply from the stated effective date. Changes to an existing fixed-term commercial agreement will not override specifically negotiated terms unless agreed in writing.

These Terms are governed by the laws of India.

The parties will first attempt to resolve disputes through good-faith discussions for at least 30 days.

Unresolved disputes will be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration will be conducted by one mutually appointed arbitrator in English, with the seat and venue at [confirmed city], Gujarat, India.

Courts at [confirmed jurisdiction], Gujarat, India will have jurisdiction over matters not subject to arbitration and applications relating to the arbitration.