SOFTWARE AS A SERVICE (SaaS) E-USAGE AGREEMENT
INTECH IT SOLUTIONS (PVT) LTD
This Software as a Service Usage Agreement (“Agreement”) is entered into electronically between INTECH IT SOLUTIONS (PVT) LTD, hereinafter referred to as the “Provider”, and the individual or business entity accepting this Agreement, hereinafter referred to as the “Client”.
By proceeding with payment, submitting the online agreement form, or using the software, the Client confirms that they have read, understood, and agreed to be legally bound by this Agreement.
1. Service Scope & Ownership
The Provider offers access to its proprietary SaaS platforms including but not limited to SmartCashier and FoodyMe (“Software”).
The Software is provided on a subscription basis
All software, source code, system logic, designs, and intellectual property remain the exclusive property of the Provider
The Client receives usage rights only, not ownership
2. Packages, Pricing & Payment
2.1 Package Details
Package features, limits, modules, add-ons, and pricing are defined in the Client’s first invoice
The invoice forms an integral part of this Agreement
No verbal, WhatsApp, or informal promises are valid unless reflected in the invoice
2.2 Payment Requirement
Full payment must be completed before account creation
Accounts will be created within one (1) hour of payment confirmation
Initial training will be provided within forty-eight (48) hours
2.3 Annual Subscription & Renewal
Subscriptions are billed annually
Renewal fees are based on active features and add-ons at the time of renewal
Failure to renew by the due date will result in temporary suspension
If payment remains outstanding for 15 days, the Provider reserves the right to permanently terminate access and delete data
3. Fair Usage Policy (FUP)
All packages are offered as Unlimited subject to Fair Usage Policy (FUP).
Unless otherwise stated in the invoice, Fair Usage includes:
Users, branches, POS terminals, products, invoices, orders, and staff within reasonable commercial limits
If usage exceeds system-reasonable limits, the Provider may:
Revise renewal fees
Require add-ons
Upgrade the Client to an Enterprise plan
Such changes will be communicated in advance.
4. Support Policy
4.1 Official Support Channels
All technical support for the Software shall be provided exclusively through the Provider’s official Technical Support WhatsApp number as communicated to the Client.
Communication via personal mobile numbers, private WhatsApp chats, social media, or direct calls to staff members shall not be recognized as official company support.
The Provider shall not be responsible for delays, miscommunication, or unresolved issues arising from the Client contacting any unauthorized communication channel.
4.2 Support Hours & Handling
Technical support is available daily from 9:00 AM to 12:00 AM (Sri Lanka Standard Time, GMT +5:30).
All support requests are handled strictly in the order received
Support may be delivered via:
WhatsApp text messages
WhatsApp Voice messages
WhatsApp Voice calls (only if deemed necessary by the Provider)
The Provider does not guarantee immediate response or resolution times, as resolution depends on issue complexity, system conditions, and request volume.
4.3 Scope of Support (Cloud-Based SaaS)
The Client acknowledges that the Software is a fully cloud-based SaaS platform, and all standard issues can be diagnosed and resolved remotely without physical presence.
Included Support
Software usage assistance
System-related issues
Bug identification and fixes
Feature explanations and functional guidance
Remote troubleshooting and configurations
Not Included Support
Hardware issues including but not limited to:
Computers
POS machines
Printers
Barcode scanners
Accessories and peripherals
Internet connectivity issues
Network, router, or firewall configurations
Third-party software or services not provided by the Provider
4.4 On-Site Visits
On-site support is not included in the standard SaaS subscription.
If the Client explicitly requests an on-site visit, the following conditions shall apply:
On-site visits are provided only when remote resolution is not feasible or upon Client request
The Client shall bear all associated costs, including but not limited to:
Travel expenses
Fuel charges
Accommodation (if overnight stay is required)
Meals and incidental expenses
On-site visit charges must be paid in advance or as invoiced by the Provider
The Provider reserves the right to decline on-site visits if remote support is deemed sufficient.
4.5 Support Compliance
The Client agrees to:
Cooperate during remote support sessions
Provide required access, information, and permissions when requested
Follow Provider-recommended troubleshooting steps
Failure to comply may result in delayed or incomplete resolution, for which the Provider shall not be held responsible.
5. Training
One (1) initial training session (1–2 hours) is included
Additional training sessions are chargeable
Client must ensure staff availability at scheduled times
6. Customization & Product Updates
The Software is a standardized SaaS product
No customizations or one-off developments are provided
The Provider continuously researches, improves, and updates the system
Feature updates are released without guaranteed timelines
Update notifications will be provided when applicable
7. Demo & No-Refund Policy
Clients must fully review the demo system before purchase
Only features visible in the demo are guaranteed
All doubts must be clarified before payment
All payments are strictly NON-REFUNDABLE under any circumstances
8. Data Entry & Accuracy Disclaimer
The Provider is not responsible for data entry errors
Reports and calculations depend entirely on Client-entered data
Inventory, product, or accounting data entry is not included
Optional data entry services are billed separately
9. Data Protection & Access
Client data remains the property of the Client
The Provider uses high-end servers and automated backups
Provider staff will never access accounts without Client request
Data will never be disclosed to third parties except where legally required
10. Suspension, Termination & Reactivation
Accounts may be suspended for non-payment or misuse
Reactivation may require:
Clearance of dues
Reconnection fee (if applicable)
Data loss due to suspension or termination is Client responsibility
11. Limitation of Liability
The Provider’s total liability shall not exceed the fees paid in the previous 12 months.
The Provider is not liable for:
Indirect or consequential damages
Business loss
User errors
Third-party failures
12. Confidentiality
Both parties agree to keep all system, business, and operational information confidential.
This clause survives termination.
13. Agreement Updates
The Provider may update this Agreement from time to time
Clients will be notified of material changes
Continued use of the Software constitutes acceptance of updates
14. Electronic Acceptance & Data Collection
By accepting this Agreement, the Client consents to the collection of:
Name, business name, address
NIC / Business registration details
Contact details
IP address and access logs (for security and legal compliance)
This Agreement is legally valid without physical signatures.
15. Governing Law
This Agreement is governed by the laws of the Democratic Socialist Republic of Sri Lanka.
Jurisdiction lies exclusively with the courts of Colombo, Sri Lanka.
