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STANDARD TERMS AND CONDITIONS OF SALE 

STANDARD TERMS AND CONDITIONS OF SALE

1. General Provisions

1.1. Applicability: These standard terms and conditions of sale (hereinafter referred to as Terms) shall apply to all contracts and agreements entered into between FarrellLink Soft (hereinafter referred to as Seller or we) and its clients (hereinafter referred to as Client or you). By engaging in any business transaction with Seller, you accept and agree to these Terms.

1.2. Modification: These Terms constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether oral or written. Any modifications or amendments to these Terms shall be valid only if expressly agreed to in advance in writing by both parties.

2. Payment Terms

2.1. Invoices and Payment: Invoices issued by Seller are payable within 21 working days from the date of the invoice, unless otherwise specified on the invoice or the order. In case of non-payment by the due date, Seller reserves the right to charge a fixed interest payment equal to 10% of the outstanding amount. In the event of late payment, Seller may suspend the provision of services without prior notice.

2.2. Debt Recovery: If any payment remains outstanding for more than sixty (60) days after the due date, Seller reserves the right to engage the services of a debt recovery company. All legal expenses incurred in the recovery process will be the responsibility of the Client.

3. Withholding at Source

3.1. Tax Withholding: In certain countries, withholding at source may apply to the amount of invoices in accordance with local tax laws. The Client shall be responsible for remitting any withholding tax to the relevant tax authorities. Seller shall not be liable for any costs or obligations arising from local tax legislation. Invoiced amounts shall be due to Seller in full and do not include any costs related to the tax legislation of the Client's country.

4. Performance of Services

4.1. Obligation to Perform: Seller agrees to use its best efforts to provide high-quality services within agreed-upon timeframes. However, Seller's obligations do not constitute a guarantee of specific results. Seller shall not be obliged to act as a third party in any claims for damages filed against the Client by end consumers.

5. Claims and Disputes

5.1. Notification of Claims: Any claims arising from goods delivered or services provided by Seller must be communicated in writing via registered mail to Seller's registered office within 8 days of the delivery of goods or the completion of services.

6. Governing Law

6.1. Governing Law: All contractual relations between Seller and Client shall be exclusively governed by and construed in accordance with the laws of South Africa.

7. Waiver of Other Terms

7.1. Waiver of Other Terms: The Client expressly waives the applicability of any of its own standard terms and conditions, even if such terms were created subsequent to these Terms. No derogation from these Terms shall be valid unless expressly agreed to in advance in writing.

8. Limitation of Liability

8.1. To the maximum extent permitted by law, FarrellLink Soft shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, revenue, data, or use, incurred by the Client or any third party, arising from or related to: a. Any use or inability to use the services provided by FarrellLink Soft; b. Any delay or disruption in the provision of services, whether due to technical issues, force majeure, or any other cause; c. Any unauthorized access to or alteration of the Client's data or transmissions; d. Any errors or inaccuracies in the services provided by FarrellLink Soft.

8.2. The Client acknowledges and agrees that the limitations of liability set forth herein are fundamental elements of the agreement between the parties, and FarrellLink Soft would not be able to provide its services on an economically feasible basis without such limitations.

8.3. In no event shall the total liability of FarrellLink Soft, whether in contract, tort (including negligence), or otherwise, exceed the total amount paid by the Client to FarrellLink Soft for the services rendered during the twelve (12) months preceding the event giving rise to the liability.

8.4. The Client agrees to indemnify, defend, and hold harmless FarrellLink Soft, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to the Client's use of FarrellLink Soft's services or any violation of these Terms by the Client.

8.5. This limitation of liability shall apply even if FarrellLink Soft has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.

By engaging in business transactions with FarrellLink Soft, you acknowledge and agree to the limitations of liability set forth in this section.



Privacy Policy 

Privacy Policy

FarrellLink Soft (PTY) LTD (hereinafter referred to as "FarrellLink Soft", "we", "us", or "our") is committed to protecting the privacy and security of your personal information. This Privacy Policy outlines how we collect, use, disclose, and protect the information you provide to us when using our services.

  1. Information We Collect

1.1. Personal Information: We may collect personal information such as your name, email address, contact details, billing information, and other information you provide to us when you engage in business transactions with FarrellLink Soft.

1.2. Usage Information: We may also collect information about how you interact with our website, products, and services, including IP addresses, browser types, and browsing patterns.

  1. Use of Information

2.1. We may use the information we collect for various purposes, including but not limited to: a. Providing and maintaining our services; b. Processing transactions and invoices; c. Communicating with you about your account and inquiries; d. Improving our products and services; e. Complying with legal obligations.

2.2. We will not use your personal information for purposes other than those outlined in this Privacy Policy without your consent or as required by law.

  1. Disclosure of Information

3.1. We may disclose your personal information to third parties under the following circumstances: a. With your consent; b. To comply with legal obligations or respond to lawful requests from authorities; c. To protect the rights, property, or safety of FarrellLink Soft, our customers, or others.

  1. Data Security

4.1. We take reasonable measures to protect the confidentiality and security of your personal information. However, please note that no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

  1. Your Rights

5.1. You have the right to access, update, and correct your personal information. You may also request that we delete your personal information, subject to legal limitations.

  1. Third-Party Links

6.1. Our website and services may contain links to third-party websites or services that are not operated by FarrellLink Soft. We are not responsible for the privacy practices or content of such third-party sites.

  1. Changes to this Privacy Policy

7.1. We reserve the right to update or modify this Privacy Policy at any time. Any changes will be effective immediately upon posting the updated Privacy Policy on our website.

  1. Contact Us

8.1. If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at [insert contact information].

By engaging in business transactions with FarrellLink Soft, you acknowledge that you have read, understood, and agree to this Privacy Policy.


🔒 SUBSCRIPTION POLICY & SERVICE TERMS

(Applicable to all clients subscribed to the Solution Subscription Service)

This Subscription Policy governs the use, operation, billing, ownership, and cancellation terms of the Solution Subscription provided by FarrellLink Soft (the "Service Provider"). Engagement with the service constitutes acceptance of all conditions herein.

1. Nature of the Service

The Solution Subscription provides clients with access to engineered workflows, automated systems, digital tools, administrative handling, operational optimisation, and ongoing support.

The service grants access, not ownership, to the underlying tools, platforms, devices, methods, and systems used to deliver the solution.

This is a subscription-based service, not a sale of hardware, software, accounts, or intellectual property.

2. On-Boarding Fee

A once-off On-Boarding Fee (amount specified in the quote) covers:

  • Engineering analysis

  • Process investigation & mapping

  • Workflow configuration

  • Internal system setup

  • Account-based routing

  • Integration preparation

  • Digital structure design

  • Internal technical deployment

2.1 Ownership Clarification

The On-Boarding Fee:

  • Is not a purchase of devices, SIM cards, accounts, platforms, or tools

  • Does not transfer ownership or licensing rights

  • Does not entitle the client to access internal accounts or systems

  • Covers service-related labour and engineering time only

All systems deployed remain the exclusive property of the Service Provider.

2.2 Payment Status

  • The On-Boarding Fee is non-refundable and non-cancellable.

  • Payment deferral arrangements do not change the enforceability of the fee.

3. Subscription Fees

The monthly subscription fee covers:

  • Access to operational automations

  • Capturing and processing of operational data

  • Automated invoicing

  • Notification services

  • Workflow monitoring

  • Administrative support

  • System maintenance

  • Regular improvements and updates

Subscription fees are billed monthly in advance.

4. Ownership of Systems, Accounts & Tools

4.1 Service Provider Property

All of the following remain the sole property of the Service Provider:

  • Internal Google / Microsoft / Odoo accounts

  • WhatsApp Business channels and numbers

  • SIM cards and mobile numbers

  • Devices and related hardware

  • Integrations and routing structures

  • Scripts, workflows, automations

  • Communication systems

  • Technologies, methods, and internal processes

  • Digital structures and configuration layers

  • Any proprietary systems or infrastructure

No ownership transfer occurs at any stage.

4.2 Client Property

The client owns:

  • Their operational data

  • Their customer information

  • Their invoicing history

  • Their business records

All client data remains exportable during a valid subscription period.

5. Data Ownership & Access

5.1 Client Ownership

All business data generated through the operation of the client’s business belongs to the client.

5.2 Export Requests

  • Data export is provided in standard digital format.

  • Exports are only delivered when the account is fully paid and in good standing.

5.3 No Access to Internal Systems

Clients do not receive login access to internal service-provider systems, tools, or accounts.

6. Cancellation Policy (3-Month Notice)

6.1 Notice Period

A three (3) month written notice period is required for cancellation of the subscription.

6.2 During the Notice Period

The Service Provider will:

  • Prepare the client’s data export

  • Finalize all invoicing and statements

  • Decommission internal systems

  • Secure proprietary tools

  • Process the offboarding

6.3 Subscription Fees During Notice Period

Subscription fees remain payable during the 3-month notice period, regardless of usage.

6.4 On-Boarding Fee

Cancellation does not cancel or reverse the On-Boarding Fee.

6.5 Completion of Offboarding

The offboarding process and data export will only occur once:

  • All outstanding balances are paid

  • All penalties (if any) are settled

  • The account is fully up to date

7. Late Payment & Service Continuity

7.1 Late Payment Penalties

  • 7+ days late: 10% penalty

  • 30+ days late: additional 10% penalty

  • All penalties must be fully settled before reinstatement.

7.2 Service Suspension

If payment is:

  • 14+ days late → Service may be suspended

  • 30+ days late → Third-party tools may deactivate

  • 60+ days late → Subscription may be terminated entirely

7.3 No Liability for Data Loss from Non-Payment

The Service Provider will not be held responsible for:

  • Data loss due to suspended third-party tools

  • WhatsApp, Google, Microsoft, Odoo, or provider account expiry

  • SIM card deactivation

  • Lost operational data, messages, or logs

  • Damage caused by upstream vendor suspensions

  • Workflow breakdown due to payment failure

7.4 Reinstatement Fees

If the client wishes to reactivate the service after suspension:

  • All outstanding invoices + penalties must be paid

  • A Reinstatement Fee will be billed at standard hourly/daily rate

  • Reinstatement will occur only when all dues are settled

8. Termination for Non-Payment

If the subscription remains unpaid for 60 days, the Service Provider may terminate the subscription immediately.

In such cases:

  • No data export is guaranteed

  • All data loss risk is the responsibility of the client

  • The On-Boarding Fee remains enforceable

  • All outstanding balances remain payable

9. Liability & Disclaimers

9.1 No Liability for External Vendor Actions

Service Provider is not responsible for actions by:

  • Google

  • Microsoft

  • Meta / WhatsApp

  • Odoo

  • Network operators

  • Device vendors

  • AI platforms

  • Any upstream service

9.2 No Liability for Client Mismanagement

Service Provider is not responsible for:

  • Incorrect information supplied by the client

  • Operational errors by client staff

  • Delayed responses or approvals

  • Misuse of provided outputs

  • Internal staff behaviour or negligence

9.3 No Guarantee on Third-Party Platform Uptime

Uptime, availability, or performance of external systems cannot be guaranteed.

10. Entire Agreement

The Subscription Policy forms part of the commercial agreement and applies to all services delivered. The Client’s engagement with the service confirms acceptance of the policy in full.