FAB POS Licence and Subscription Agreement
This agreement is between FabTech Online (Pty) Ltd, registration number 2014/052752/07, of 1 Sunlark Drive, Dawncrest, Verulam, KwaZulu-Natal, 4339, South Africa ("Fabtech", "we", "us"), and the business that signs up for FAB POS ("you"). You accept it when you tick "I accept the terms" at sign-up, or when you activate FAB POS with a licence. Please read it before you buy.
1. Words used in this agreement
- "FAB POS" means Fabtech's point-of-sale software, its updates and its documentation.
- "Subscription" means your paid right to use FAB POS for a month or a year at a time, for the number of computers and the add-on modules you bought.
- "Computer" means one Windows computer on which FAB POS is activated.
- "Activation key" means the code that activates FAB POS for your licence.
- "Account page" means https://account.fabtechonline.co.za, where you manage your subscription.
2. Your licence
- While your subscription is paid, we give you a non-exclusive, non-transferable right to install and use FAB POS for your own business, on as many computers as your subscription covers (up to 50 per licence), with the add-on modules you bought.
- Each computer is activated with your activation key and uses one place on your licence. You may move the licence to another computer by releasing the old one on the account page or in FAB POS, twice in any 12 months; we will allow more moves on reasonable request.
- FAB POS is licensed, not sold. We and our licensors own FAB POS and all rights in it.
3. Free trial
After installation FAB POS can be used free, with every feature, for 30 days without a licence. No payment details are needed for the trial. After the trial, a subscription is needed to keep selling; everything you entered during the trial stays.
4. What you may not do
- Share your activation key with another business, or use one licence for more computers than you paid for.
- Copy FAB POS other than for your own backups, or sell, rent, lend or sublicense it.
- Reverse engineer, decompile or change FAB POS, except where the law allows it despite this agreement.
- Get around, disable or interfere with FAB POS's licence checks.
- Use FAB POS for anything unlawful.
Keep your activation key private. If you think someone else has it, make a new one on the account page.
5. Prices and payment
- Prices are those on our published price list when you buy (https://fabtechonline.co.za/pos/), in South African rand. We are not VAT-registered, so no VAT is charged; if we register, VAT-inclusive prices will be shown before they apply to you.
- A once-off provisioning fee is charged with your first purchase only.
- Subscriptions are paid in advance, monthly or yearly. Your first invoice is due when it is issued. Each renewal invoice is issued 14 days before the renewal date and is due on that date.
- You pay by card through PayFast or by EFT. When you pay by card, PayFast keeps your card so that renewals are charged automatically on their due date. You can remove the card or switch automatic charging off on the account page at any time. We never receive or store your card number.
- Computers or add-ons you add during a month or year are charged at once for the days left in that period. Reductions take effect from your next renewal.
- We may change our prices. We will tell you at least 30 days before a new price applies to you, and it will apply from your next renewal after that notice.
6. If an invoice is not paid
We send reminders before and after the due date. If an invoice is still unpaid 7 days after its due date, FAB POS stops taking new sales until it is paid; your back office, reports and data stay available. If it is still unpaid 30 days after its due date, your subscription is suspended, and we may end this agreement under clause 12. Selling resumes as soon as the invoice is paid.
7. Cancellation and refunds
- You may cancel at any time on the account page or by emailing us. Your subscription continues until the end of the month or year you have paid for, and nothing further is charged.
- We do not refund part of a month or year. The provisioning fee is not refunded once your account and licence have been set up.
- If we take a payment in error, for example twice for the same invoice, we refund it in full to the card or account it came from.
- Nothing in this agreement limits rights you have under the Consumer Protection Act 68 of 2008 or the Electronic Communications and Transactions Act 25 of 2002 where they apply to you.
8. Licence checks and the information they send
FAB POS checks your licence with our licensing service from time to time, and it keeps working offline for up to 30 days between checks. If it cannot check for longer than that, it stops taking new sales until it can. A check sends only what is needed to manage your licence: the licence and computer identifiers, the FAB POS version, and counts of users and tills. It never sends your sales, stock or customers' details.
9. Your data
Your business data (sales, stock, customers, staff) is kept on your own computers. We do not have access to it, and you are responsible for keeping backups. We keep your business's contact and billing details to run your account, as described in our privacy policy (https://www.fabtechonline.co.za/privacy/), and we process them in line with the Protection of Personal Information Act 4 of 2013.
10. Updates and support
While your subscription is paid, new versions of FAB POS are included and FAB POS tells you when one is available. Support is by email (fabtechconsole@fabtechonline.co.za) and phone (076 530 8467) on business days.
11. Our responsibility
- We provide FAB POS with reasonable care and skill and will fix defects you report within a reasonable time. We do not promise that it will run without interruption or error.
- You are responsible for how FAB POS is set up for your business, including prices, tax settings and checking the reports you rely on.
- As far as the law allows, we are not liable for indirect or consequential loss, such as lost profit or lost data, and our total liability under this agreement is limited to the fees you paid us in the 12 months before the claim arose.
12. When this agreement ends
- This agreement ends when your subscription ends after you cancel, or if either of us ends it because the other has materially breached it and not put that right within 14 days of written notice. Non-payment for more than 30 days after the due date is a material breach.
- When it ends, your licence ends and FAB POS stops taking new sales. Your data stays on your computers and remains yours.
13. Changes to this agreement
We may update this agreement. We will email you at least 30 days before a change applies to you, and publish it at https://www.fabtechonline.co.za/terms/. If you do not accept a change, you may cancel before it applies, as in clause 7.
14. General
- South African law governs this agreement, and the courts of South Africa have jurisdiction.
- We send notices to the email address on your account; you send them to fabtechconsole@fabtechonline.co.za.
- If you bought through one of our resellers, the reseller's own terms cover the services it provides; this agreement still covers FAB POS itself.
- If any part of this agreement cannot be enforced, the rest still applies. This agreement is the whole agreement between us about FAB POS.
15. Contact
FabTech Online (Pty) Ltd, 1 Sunlark Drive, Dawncrest, Verulam, KwaZulu-Natal, 4339, South Africa. Email fabtechconsole@fabtechonline.co.za, phone 076 530 8467.