1. The Service (RetailERP Business Management Solution)

  • SME Suite: RetailERP by Digital Consulting provides a cloud-based business management solution for SMEs.

  • Access Model: The service is a hosted subscription. Use of the service does not grant any rights to the underlying software architecture or proprietary logic.

  • Modifications: We frequently release updates and enhancements. We may modify or discontinue features to keep the service secure and modern. We will endeavor to notify you of material changes where practical

  • Fair Use: We strive to ensure access for all customers. You agree not to use the service in an "excessive" way that impairs functionality for others.

2. Availability and Maintenance

  • Uptime Goal: We strive to maintain 24/7 availability. However, you acknowledge that occasionally you may experience access issues due to internet instability or necessary system maintenance.

  • Planned Downtime: We may perform maintenance to keep the service updated. We will attempt to notify you of planned downtime in advance, though this is not guaranteed.

  • Compensation Policy: At our sole discretion, we may provide a pro-rata credit for system-wide downtime exceeding four (4) consecutive hours. This does not apply to downtime caused by third-party failures, maintenance, or your own internet/hardware issues.

3. Prohibited Acts (The "Never Do" List) You must never:

  • Attempt to undermine system security or introduce viruses.

  • Modify, decompile, or attempt to extract the source code of the service.

  • Resell or sublicense the service without express permission.

  • Commit fraud or illegal acts using the ERP.

4. User Responsibilities & Data Accuracy

  • User Responsibility: Data loss is a risk inherent in all technology. You are responsible for maintaining your own independent copies and archives of all data entered into the system.

  • Retention: If an account remains expired for more than three (3) months, we reserve the right to permanently delete all associated data.

  • Data Integrity: You are responsible for ensuring all information entered (contact details, tax info, inventory) is accurate and up to date.

  • Compliance: You must verify the accuracy of any reports or data generated by the system before using them for legal, tax, or regulatory compliance obligations.

  • Account Security: You are responsible for maintaining strong passwords and protecting your login credentials. You must notify us immediately of any unauthorized account access.

5. Support and Remote Assistance

  • Default Access: To provide effective consultation and support, RetailERP and its partners have default administrative access to your account. We commit to respecting customer privacy during all support interactions.

  • Support Channels: Support is primarily provided remotely through our official support articles and help desk.

  • Conduct: We maintain a zero-tolerance policy for abuse. Any bullying or disrespectful behavior toward our staff will result in immediate termination of service without a refund.

6. Subscription, Trials, and Payments

  • Prepaid Terms: Fees are payable in full and in advance (monthly or yearly) and are non-refundable.

  • Trial Period: We may offer free trials. If you do not upgrade to a paid plan after the trial, your account will be limited or deactivated, and trial data may be deleted at our discretion.

  • Expiration: Upon expiration of a paid term, the account will transition to "View-Only" mode. Full functionality is restored only upon successful renewal.

7. Third-Party Services

  • Infrastructure: We rely on third-party providers (e.g., hosting, SMS gateways). RetailERP is not liable for service interruptions, data breaches, or delays caused by these third parties.

8. Intellectual Property

  • Ownership: DigitalConsulting retains 100% ownership of the RetailERP software's design, "look and feel," and logic. You agree not to copy, modify, or attempt to derive the source code.

9. Limitation of Liability

  • Liability Cap: Our total liability is limited to the amount paid by you in the six (6) months prior to a claim.

  • No Consequential Loss: We are not liable for any indirect damages, such as lost profits, business interruption, or loss of business information, even if caused by downtime or data loss.

10. Changes to These Terms

  • Right to Amend: We may update or modify these Terms of Service from time to time to reflect changes in our service, legal requirements, or business practices.

  • Notification: For any material changes, we will make every effort to notify you (e.g., via email or a prominent notification within the ERP dashboard) at least 30 days before the changes take effect.

  • Acceptance: If you continue to use RetailERP after the changes become effective, you are agreeing to be bound by the revised terms. If you find any change unacceptable, your sole remedy is to discontinue use of the service and terminate your subscription.

11. Dispute Resolution

  • Negotiation First: In the event of a dispute, parties agree to first attempt Good Faith Negotiation via a formal meeting.

  • Arbitration: If unresolved within 30 days, the matter shall be settled through Binding Arbitration under local laws.