Terms of service
1. Who these terms are between
These terms are between Chibany Business Advisory (“CBA”, “we”), whose details are on the legal information page, and the business that subscribes to CBA POS or engages our services (“you”). They apply together with the quotation or order form you accept. If the two differ, the quotation or order form wins.
CBA POS is sold to businesses for use in their trade, not to consumers.
2. How the agreement is made
The agreement starts when you accept a quotation or order form, in writing, by signature or by a clear message, or when you start using the service after receiving these terms. Both of us are acting as professionals, so we agree, as Article 37 of Law No. 81/2018 allows, that the step-by-step formalities of Articles 33 and 35 of that law for online contracts do not apply. These terms are written in English; any translation is for convenience only.
3. The service
- CBA POS: cloud point-of-sale, stock and accounting software used in a web browser, with the features described on our website at the time you subscribe.
- Setup: we load your items and prices and train your staff, as set out in your quotation.
- Support: by WhatsApp and phone, Monday to Saturday, from 9:00 to 17:00, Beirut time.
- Updates: improvements reach you automatically and are included in your subscription. We may change or retire a feature; if we remove one you rely on, we tell you in advance.
- Accounting and cost-control services, where you engage them, are provided with professional care, on the basis of the documents and information you give us. Their scope is set in your quotation or engagement letter.
4. Fees and payment
You pay the subscription set in your quotation, in US dollars, in advance for each billing period. There is no setup fee, no maintenance fee, and no charge per invoice or per user. We are not registered for VAT, so no VAT is added.
We may change our prices for future billing periods by telling you in writing at least 30 days before the next period starts. A change never applies to a period you have already paid.
5. Late payment and suspension
If a payment is not made by its due date, we send you a written reminder. If it is still unpaid 15 days after that reminder, we may suspend the service. While the service is suspended you cannot sign in, but we send you a full export of your data within 5 working days of your written request. If the amount is still unpaid 30 days after the suspension starts, this agreement ends automatically, without any court procedure, and section 8 applies.
6. Duration and ending the agreement
Your subscription runs for the billing period in your quotation and renews for the same period, unless either of us tells the other in writing at least 10 days before the renewal date that it will not renew.
Either of us may end the agreement at once, by written notice, if the other seriously breaches these terms and does not fix the breach within 15 days of being asked to.
7. Your data
- The data you enter in CBA POS belongs to you.
- We process it only to provide the service to you, as described in our privacy policy. We keep it confidential and never sell it or use it for any other purpose.
- During your subscription you can export your sales, stock, customers and accounts to Excel or CSV at any time.
- You are responsible for having a lawful basis for the personal data of your customers and staff that you record, and for informing them about it.
- You are responsible for the accuracy of what you enter and for your own tax and legal obligations, including the content of the invoices you issue. The software helps you meet them; it does not decide them for you.
8. When the agreement ends
For 30 days after the agreement ends, we send you a full export of your data within 5 working days of your written request. After those 30 days we delete your data; every remaining copy is gone within a further 3 months. We keep only what the law requires us to keep, such as our own invoices to you.
9. Availability and security
We make reasonable efforts to keep CBA POS available at all times and tell you in advance about planned maintenance. We cannot promise uninterrupted service: it depends on electricity, internet connections and providers outside our control. When the connection drops, the till keeps recording sales on the device and sends them when it returns.
We protect the service with the measures described in our privacy policy. If a security incident affects your data, we tell you without delay.
10. Your responsibilities
- Keep your passwords and PINs secret and give access only to people who need it. You are responsible for what is done with your logins.
- Use the service lawfully, and do not try to break its security, overload it, copy it or reverse-engineer it.
- Tell us promptly if you think someone has misused your account.
11. Hardware
Hardware is not part of the subscription. If we buy a tablet, printer or other device for you at your request, you pay the supplier's invoice price, we give you that invoice, and the device carries only its supplier's warranty. We test it with CBA POS before you take it.
12. Liability
Each of us is liable to the other for harm caused by a breach of these terms, within the following limits:
- Our total liability over any 12 months is limited to the fees you paid us for the service concerned during those 12 months.
- We are not liable for indirect loss such as lost profit or lost business, for loss caused by data you entered incorrectly, or for decisions you make on the basis of your data.
- We are not liable for a failure caused by events beyond our reasonable control, including power cuts, internet outages, war, civil unrest, natural events or actions of public authorities.
- None of these limits applies to fraud or gross fault, or to harm to persons, or anywhere else Lebanese law does not allow liability to be limited.
13. Intellectual property
CBA POS, its software and its documentation belong to CBA. During your subscription you have a non-exclusive, non-transferable right to use it for your own business. The documents you produce with it, such as invoices and reports, are yours.
14. Changes to these terms
We may update these terms. We tell you in writing at least 30 days before a change takes effect. If a change is to your disadvantage, you may end the agreement before it takes effect and receive a refund of fees paid for any period after that date.
15. Law and courts
These terms are governed by Lebanese law. Any dispute that we cannot settle between us goes to the competent courts of Zahle.
16. Contact
jad.chibany@gmail.com · WhatsApp +961 71 441 407.