Terms & Conditions

These Terms and Conditions ("Agreement" or "Terms") constitute a legally binding agreement between SRV Technology (POS name - billnbite.com) ("Provider", "we", "us", or "our") and the restaurant business entity or individual operator ("Merchant", "Subscriber", "you", or "your") accessing or using our Point-of-Sale software, web dashboards, handheld terminals, Kitchen Display Systems (KDS), and related services (collectively, the "Services").

1. Services and License Grant

• Software License: Subject to payment of applicable subscription fees, Provider grants Merchant a non-exclusive, non-transferable, revocable, and limited right and license to install, access, and use the POS software solely for Merchant's internal restaurant business operations.
• Scope of Access: The license permits usage on the specific number of POS terminals, handheld devices, Kitchen Display Systems (KDS), or outlet locations specified in Merchant's active subscription tier or order form.
• Hardware & Peripherals: Merchant is responsible for procuring and maintaining compatible hardware (terminals, receipt printers, barcode scanners, cash drawers, tablets) and reliable internet connectivity required to operate the Services.

2. Account Management and Security

• Account Credentials: Merchant is responsible for maintaining the confidentiality of administrative credentials, master passwords, and staff PIN codes.
• Role-Based Access: Merchant must configure role permissions appropriately (e.g., manager vs. cashier roles for handling voids, discounts, drawer openings, and refunds). Provider is not liable for unauthorized transactions executed via valid staff credentials.
• Unauthorized Use: Merchant must immediately notify Provider of any unauthorized access, security breach, or compromised credentials associated with their account.

3. Fees, Billing, and Taxes

• Subscription Fees: Merchant agrees to pay the recurring subscription fees, hardware leasing costs (if applicable), and software add-on fees as specified during signup or in the applicable invoice.
• Payment Terms: Subscription fees are billed in advance on a monthly or annual basis. Invoices are due upon issuance unless otherwise agreed in writing.
• Late Payments & Suspension: Accounts with overdue balances beyond 15 days may be subjected to service suspension or restricted access until full outstanding payment is settled.
• Taxes: All stated fees are exclusive of applicable value-added tax (VAT), goods and services tax (GST), sales tax, or other governmental assessments, which Merchant shall be responsible for paying.

4. Payment Processing and Third-Party Services

• Integrated Gateways: Merchant acknowledges that card processing, digital wallets, and payout settlements are executed by independent PCI-compliant third-party payment processors (e.g., Stripe, Square, Razorpay). Provider does not hold or custody transaction funds.
• Payment Processor Terms: Merchant agrees to comply with the separate terms and conditions, underwriting requirements, and fee schedules established by their integrated payment gateway.
• Third-Party Integrations: Provider may offer integrations with third-party delivery platforms (e.g., DoorDash, UberEats, Zomato), accounting software, or marketing tools. Provider is not responsible for the availability, accuracy, or service interruptions caused by third-party APIs.

5. Merchant Data, Guest Information, and Privacy

• Ownership of Data: Merchant retains all ownership, rights, title, and interest in all business data, menu configurations, pricing, and guest transaction records input into the Services ("Merchant Data").
• Data Processing: To the extent Merchant Data includes personal data of dining guests (such as phone numbers, emails, or delivery addresses), Merchant acts as the Data Controller and Provider acts as the Data Processor under applicable data protection legislation.
• Compliance with Laws: Merchant represents and warrants that it has collected all necessary consents and provided appropriate privacy notices to guests before sending marketing communications or loyalty updates through the POS.

6. Service Availability, Offline Mode, and Support

• Uptime Target: Provider strives to maintain a commercial uptime of 99.5% for cloud-based dashboards and sync services, excluding scheduled maintenance windows.
• Offline Mode Functionality: The POS terminal application may allow local caching of orders and receipts during temporary internet disruptions. Merchant is responsible for reconnecting to the internet to complete cloud data synchronization and card settlement.
• Support: Provider delivers technical support via email, phone, or dashboard chat during designated operating hours as specified in the merchant's plan.

7. Intellectual Property Rights

All intellectual property rights, trademarks, trade secrets, software architecture, UI/UX designs, and documentation related to the Services are and remain the exclusive property of Provider and its licensors. Merchant shall not:

• Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive source code from any software component.
• Sublicensing: Resell, sublicense, lease, rent, or distribute the Services to any unauthorized third party or restaurant location.
• Derivative Works: Modify, adapt, or build competing derivative software products based on Provider's proprietary system.

8. Warranties and Disclaimers

• As-Is Warranty: Except as expressly stated herein, the Services, hardware integrations, and documentation are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied.
• Tax & Accounting Disclaimer: While the POS system includes tax reporting and ledger calculation features, Provider does not provide legal, financial, or tax advice. Merchant is solely responsible for verifying tax calculations, menu tax rates, and regulatory filings.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Provider be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, restaurant revenue, business interruption, data loss, food spoilage, or chargebacks arising out of or in connection with the use or inability to use the Services.

• Aggregate Liability Cap: Provider's total cumulative liability under this Agreement shall not exceed the total subscription fees paid by Merchant to Provider in the preceding twelve (12) months prior to the event giving rise to liability.

10. Term, Renewal, and Termination

• Term and Auto-Renewal: This Agreement commences upon Merchant acceptance and continues for the billing term selected, automatically renewing for successive terms unless canceled prior to the renewal date.
• Termination for Convenience: Merchant may terminate their subscription at any time via the billing portal. Subscription fees paid in advance are non-refundable unless specified otherwise in writing.
• Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of notice.
• Post-Termination Data Access: Upon termination, Merchant will have 30 days to export historical sales, inventory, and guest data, after which Provider may securely purge all operational data.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Siliguri, West Bengal, India, without regard to its conflict of law principles. Any dispute or claim arising out of or relating to this Agreement shall be resolved through good-faith negotiations or submitted to the exclusive jurisdiction of the competent courts in Siliguri, West Bengal, India.

12. Contact and Inquiries

For legal notices, billing inquiries, or questions regarding these Terms, contact us at:

• Company Name: SRV TECHNOLOGY
• Legal & Billing Email: info@billnbite.com
• Mailing Address: BT Ranadeep Colony, Matigara-734010, Siliguri, WB, India.
• Customer Support: Vikrant Singh, +91 70017 69472