Software Terms and Conditions

Provider: 9T9 Information Technology W.L.L., (also referred to as 9T9 IT).
Registered Address: Flat No. 21, Building 1010, Road 7129, Block 571, Al Janabiyah, Kingdom of Bahrain.
Commercial Registration Number: 78679-01
VAT Number: 200010252100002

Software Terms and Conditions Effective Date: Jan 02, 2024

1. Scope of Services

These Terms and Conditions govern software services delivered by 9T9 IT, including software customization, implementation, migration, integration, user enablement, and support services as agreed in a proposal, quotation, or statement of work.

2. Software and Third-Party Components

Software and its components may include open-source and third-party software governed by their own licenses. 9T9 IT does not transfer ownership of third-party intellectual property. Customer receives usage rights in accordance with applicable licenses and approved project scope.

3. Annual Maintenance Contract (AMC)

Where AMC is subscribed, 9T9 IT will provide maintenance and support for the subscribed term. AMC generally includes:

Application health checks and issue diagnosis.
Bug fixes and corrective changes for in-scope deliverables.
Guidance for standard software updates and compatibility planning.
Reasonable remote support during published working hours.

AMC excludes major version upgrades, such as migration from version 10.01 to 11.00. AMC includes minor updates, for example, upgrading software from version 10.01 to 10.02. AMC also excludes custom development, third-party subscription fees, customer-caused misuse, and on-site work unless explicitly stated in writing.

If the customer does not have an active AMC, support services are billed at BD 50 per hour, plus applicable Bahrain VAT.

4. Business Working Hours

Standard support hours are 9:00 AM to 6:00 PM, Saturday through Thursday.
Working hours during Ramadan are 9:00 AM to 3:00 PM, Saturday through Thursday.
Our office is closed on Fridays and official public holidays.
Software support is provided during standard business working hours only.
After-hours support is available only for critical incidents, including cloud server connectivity issues (where customer has purchased server subscription through 9T9 IT) and software failures causing business-critical operational stoppage, such as interruption of sales activities.
Non-critical issues reported after working hours will be attended to on the next working day.

5. Cloud Server Hosting by 9T9 IT

If the customer has purchased cloud server subscription through 9T9 IT:

9T9 IT will provision and manage agreed hosting resources, security baselines, and operational monitoring.
Annual cloud server subscription charges must be paid by the customer in advance.
If subscription charges are not paid before the expiry date, the server will be taken offline until payment is received.
If payment is not received within 30 days after subscription expiry, the server may be permanently deleted, including all hosted software and databases.
Where a deleted server is requested to be restored, the customer must pay the full reinstallation cost, and the software will be reinstalled with a new blank database.
Service availability depends on upstream cloud providers, internet connectivity, and scheduled/emergency maintenance windows.
If the existing server capacity becomes insufficient due to business expansion, additional branches, increased user load, higher transaction volume, or data growth, 9T9 IT may recommend an appropriate server upgrade and provide revised pricing. Upon customer approval and receipt of payment, 9T9 IT will proceed with server expansion, and the revised charges will become the new annual server subscription fee. If the customer declines the recommended server expansion, 9T9 IT will not be responsible for software slowness, delays, or reduced responsiveness caused by insufficient server capacity.
Cloud server availability is targeted at 95% annual average uptime. This uptime commitment excludes downtime arising from factors beyond 9T9 IT's reasonable control, including force majeure events, failures attributable to third parties, or acts/omissions by the customer. It also excludes periods of required maintenance performed by 9T9 IT, provided reasonable advance notice is given where practicable.
At renewal, 9T9 IT may revise pricing upon providing reasonable prior notice, where possible.

6. On-Premises Server Hosted by Customer

If the customer provides and hosts the server infrastructure on its own premises or third-party infrastructure:

The customer is solely responsible for procuring, maintaining, securing, and managing the server hardware, operating system, patches, backups, and network connectivity.
9T9 IT will provide software implementation, configuration, and support services only. 9T9 IT does not manage or maintain server infrastructure.
Responsibility for data backups, disaster recovery, and business continuity rests entirely with the customer.
9T9 IT will not be liable for data loss, unavailability, or downtime caused by customer infrastructure failures, misconfigurations, inadequate resources, or poor network conditions.
Support services are limited to software functionality; customer must ensure adequate server capacity, network bandwidth, and system administration support.
All customization, integration, and ongoing support are subject to agreed fees, terms, and AMC provisions where applicable.

7. Subdomain URL Provided by 9T9 IT

If the customer does not provide its own domain, 9T9 IT may provide a subdomain URL for access to the software environment.

The assigned subdomain remains under 9T9 IT administrative control and is the property of 9T9 IT, not the customer.
Subdomain availability is tied to active service and payment status.
Upon suspension, expiry, or termination, 9T9 IT may deactivate or reassign the subdomain after reasonable notice, subject to legal and data-retention obligations.
Where feasible, 9T9 IT will support migration to a customer-owned domain as a billable service unless otherwise agreed.

8. Offline Point of Sales (POS)

These terms apply to installation and operation of 9T9 IT's Flutter-based Offline POS application on customer machines that synchronize with the cloud server.

Minimum hardware requirement per POS machine is 256 GB SSD or 500 GB HDD, 8 GB RAM, and Intel i5 processor is recommended over Intel i3 for better performance.
A genuine and activated Windows 11 Pro operating system is required. Windows Home edition is not supported.
The software will not be installed on pirated or unlicensed Windows 11 Pro operating systems.
An active subscription to a reputable antivirus solution is mandatory on each POS machine.
The customer must ensure that each POS machine has a stable and active internet connection to enable timely and successful data synchronization.
Offline sales continuity is supported; however, cloud-side reports, stock balances, and related records remain subject to successful synchronization.
POS authentication and synchronization require a valid HTTPS-enabled ERPNext endpoint. 9T9 IT will not be responsible for sync or login failures caused by missing, expired, or misconfigured SSL/TLS certificates on customer-managed environments.
The customer is responsible for local machine readiness, including sufficient disk space, operating system updates, malware protection status, and power/network stability required for POS operation and sync.
The customer must install a genuine and licensed copy of Windows 11 Pro on each POS machine. If requested, 9T9 IT can perform the Windows 11 Pro installation for a service fee of BD 20 plus applicable VAT per machine, provided the software license is purchased by the customer.
Each POS user must use authorized credentials only. The customer is responsible for access misuse, password sharing, and unauthorized use of POS machines.

9. Customer Responsibilities

Provide accurate requirements, timely approvals, and authorized points of contact.
Maintain secure user credentials and role-based access controls.
Ensure lawful use of the software and compliance with applicable tax, labor, privacy, and industry regulations.
Take all reasonable and necessary measures to ensure the software components operate in their original, unmodified form.
Maintain valid licenses/subscriptions for non-9T9 third-party services used in the solution.
Use authentic software, antivirus protection, and current security updates on all devices from which users connect to the cloud server.
If the cloud server is infected due to a customer user uploading infected files, the customer will bear the cost of server cleanup, recovery, and related remediation work.

10. Fees, Billing, and Payment

Commercial terms (fees, milestones, billing cycles, taxes, and due dates) are defined in the accepted quotation, proposal, or contract. Non-payment may result in service suspension, including hosted environment and subdomain access, after due notice.

11. Data Protection and Confidentiality

Both parties will treat non-public business, technical, and commercial information as confidential and use such information only for contract performance.
Each party will implement reasonable technical and organizational safeguards to protect data against unauthorized access and disclosure.
Customer data remains the property of the customer. 9T9 IT processes and stores data only to deliver contracted services.
It is the customer's responsibility to perform and store backups of its data.
9T9 IT will not be responsible for any loss of data arising from any untoward incident.

12. Service Changes and Suspension

9T9 IT may apply maintenance, updates, and security patches. In urgent security or legal situations, 9T9 IT may temporarily restrict access to protect systems, customer data, or legal compliance.

13. Force Majeure

Neither party will be liable for any delay or failure in performance (other than payment obligations) caused by events beyond its reasonable control, including but not limited to internet or utility failures, cloud provider outages, acts of government, labor disputes, natural disasters, war, civil unrest, epidemics, or other force majeure events. The affected party shall notify the other party as soon as reasonably practicable and resume performance promptly once the force majeure event ends.

14. Warranty Disclaimer and Limitation of Liability

Except as expressly agreed in writing, services are provided on a commercially reasonable efforts basis and on an "as available" basis. To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, or consequential losses (including loss of profit, goodwill, or opportunity). Aggregate liability of 9T9 IT for claims related to a specific service term will not exceed the fees paid by customer for that specific service during the 12 months preceding the claim.

15. Term and Termination

These terms remain effective while services are active.

16. Governing Law and Jurisdiction

These terms are governed by the laws of the Kingdom of Bahrain. Courts of competent jurisdiction in the Kingdom of Bahrain shall have jurisdiction, unless both parties agree to another dispute resolution mechanism in writing.

17. Updates to These Terms

9T9 IT may update these terms from time to time. Updated versions will apply prospectively from publication date unless otherwise required by law or agreed by contract.