Terms & Conditions

Effective date: 3 November 2026

These Terms & Conditions ("Terms") govern your access to and use of the website of FINCOR IT ("FINCOR IT", "we", "our" or "us"), and, unless a separate written agreement applies, the software products, software-as-a-service ("SaaS") subscriptions, licences, custom development, implementation, consulting and support services we provide (together, the "Services").

By accessing our website, requesting a demonstration, signing an order form or proposal, or using any of our Services, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and "you" or "Client" refers to that organisation.

Definitions
Use of the Website
Our Products and Services
Licence and Subscription Terms
Client Responsibilities
Compliance, Remittance and Screening Products
Custom Development and Implementation
Fees, Invoicing and Payment
Support, Maintenance and Availability
Intellectual Property
Confidentiality
Data Protection
Warranties and Disclaimers
Limitation of Liability
Indemnification
Term, Suspension and Termination
Force Majeure
Governing Law and Dispute Resolution
General Provisions
Contact Us

1. Definitions

Agreement means these Terms together with any order form, proposal, statement of work ("SOW"), quotation, service level agreement or data processing agreement signed or accepted by both parties.
Client Data means all data, including personal data, that you or your users submit to, store in or process through the Services.
Deliverables means software, configurations, documentation, reports or other materials prepared by us for you under a SOW.
Software means our proprietary products, including our Multi-Vendor E-Commerce Platform, Remittance Management Application, Restaurant Management System, Sanction Screening Management System, PEP Screening Management System and related modules, whether delivered on-premise or as SaaS.
Users means your employees, agents, contractors or other individuals you authorise to use the Services.

Where there is any conflict between these Terms and a signed order form, SOW or master services agreement, the signed document will prevail to the extent of the conflict.

2. Use of the Website

The content on our website is provided for general information about FINCOR IT and our Services. It does not constitute an offer capable of acceptance, and product descriptions, features and pricing may change without notice.

When using our website you agree not to:

use the website for any unlawful, fraudulent or harmful purpose;
attempt to gain unauthorised access to the website, our servers, admin areas or any connected systems;
introduce viruses, malware or any other harmful code, or carry out denial-of-service, scraping or automated data harvesting;
submit false, misleading or another person's information through our contact or demo request forms; or
copy, reproduce or commercially exploit website content without our prior written consent.

Our website may contain links to third-party websites. We are not responsible for the content, availability or privacy practices of those websites.

3. Our Products and Services

FINCOR IT provides enterprise software and IT services to businesses in Bangladesh and international markets, including:

licensed and subscription-based software products (e-commerce, remittance, restaurant management, sanction screening and PEP screening);
custom software development and business process automation;
implementation, data migration, integration and training; and
IT consulting, maintenance and technical support.

The scope, deliverables, timelines, service levels and fees for each engagement will be set out in the applicable order form, proposal or SOW. Product demonstrations and trial access are provided "as is" for evaluation only and may not be used in a live production environment.

4. Licence and Subscription Terms

Subject to your compliance with the Agreement and payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable licence to use the Software for your internal business purposes, for the term, number of Users, branches, outlets, vendors or transaction volumes specified in your order form.

Unless expressly permitted in writing, you must not:

sell, resell, rent, lease, sublicense or provide the Software to third parties as a service bureau;
reverse engineer, decompile, disassemble or attempt to derive the source code of the Software, except to the extent permitted by applicable law;
modify, adapt or create derivative works of the Software;
remove or alter any proprietary notices, licence keys or technical restrictions;
use the Software to build a competing product; or
exceed the usage limits for which you have paid.

SaaS subscriptions renew automatically for successive periods of the same duration unless either party gives written notice of non-renewal at least thirty (30) days before the end of the current term, unless your order form states otherwise.

5. Client Responsibilities

You are responsible for:

the accuracy, quality, legality and lawful collection of all Client Data;
maintaining the confidentiality of User credentials and promptly notifying us of any suspected unauthorised access;
ensuring your Users comply with the Agreement, and for all activities that occur under your accounts;
providing timely access to information, personnel, systems and decisions reasonably required for us to perform the Services;
maintaining infrastructure, hardware, network and third-party software that meet our published minimum requirements for on-premise deployments; and
obtaining all licences, registrations, approvals and consents required by law to operate your business and to use the Services for that business.

6. Compliance, Remittance and Screening Products

Our Remittance Management Application, Sanction Screening Management System and PEP Screening Management System are technology tools designed to support your compliance and operational processes. You acknowledge that:

You remain the regulated entity. You are solely responsible for complying with all laws and regulatory requirements applicable to your business, including anti-money laundering and counter-terrorist financing obligations under the Money Laundering Prevention Act, 2012, the Anti-Terrorism Act, 2009, instructions of Bangladesh Bank and the Bangladesh Financial Intelligence Unit (BFIU), and the equivalent laws of any other jurisdiction in which you operate.
Screening results require human review. Matches, scores and alerts generated by our screening products are indicative only. Decisions to onboard, reject, block, freeze or report a customer or transaction must be made by your trained compliance personnel.
Watchlist data. Sanctions, PEP and other watchlist data may be sourced from public authorities (such as the UN Security Council, OFAC, the EU, UK HM Treasury and domestic authorities) or third-party data providers. While we take reasonable steps to update this data promptly, we do not guarantee that any list is complete, current or error-free, and we are not liable for omissions or inaccuracies in data originating from third parties.
Configuration. You are responsible for configuring matching thresholds, risk rules, transaction limits, exchange rates and approval workflows in line with your own risk-based policies.
Licensing. Use of our remittance software does not grant or imply any licence or authorisation to conduct money transfer, exchange or payment services.

7. Custom Development and Implementation

Custom development and implementation work will be performed in accordance with the applicable SOW. Unless otherwise agreed:

changes to agreed scope must be submitted through a written change request and may affect fees and timelines;
delivery dates are estimates and depend on you meeting your responsibilities in a timely manner;
Deliverables will be deemed accepted if you do not report material non-conformities in writing within ten (10) business days of delivery, or upon your use of the Deliverable in production, whichever occurs first; and
we will remedy reported non-conformities that are reproducible and within the agreed specification at no additional charge during the warranty period stated in the SOW.

8. Fees, Invoicing and Payment

Fees are as set out in your order form, proposal or SOW. Unless otherwise stated, fees are quoted exclusive of VAT, AIT, withholding taxes and other applicable government levies, which will be charged or borne in accordance with applicable law.
Invoices are payable within fifteen (15) days of the invoice date unless otherwise agreed in writing.
Milestone payments for custom development are due upon completion of each milestone as defined in the SOW.
Overdue amounts may, after written notice, result in suspension of access to the Services, support or further development work until payment is received.
Subscription and licence fees may be revised at renewal with at least thirty (30) days' prior written notice.
Except as expressly stated in the Agreement or required by law, fees paid are non-refundable.

9. Support, Maintenance and Availability

We provide support and maintenance in accordance with the support plan or service level agreement included in your Agreement. Support typically covers bug fixes, security patches and assistance with the use of the Software, but does not cover issues caused by:

modifications made by anyone other than FINCOR IT;
your infrastructure, network, third-party software or hardware;
misuse, negligence or use contrary to our documentation; or
events outside our reasonable control.

For SaaS Services, we use commercially reasonable efforts to keep the Services available, subject to scheduled maintenance (which we will try to perform outside normal business hours with advance notice) and emergency maintenance. Any specific uptime commitment and service credits will be set out in your service level agreement.

10. Intellectual Property

FINCOR IT and its licensors retain all right, title and interest, including all intellectual property rights, in and to the Software, the website, our documentation, know-how, templates, frameworks, reusable components and any improvements to them. No rights are granted to you other than those expressly set out in the Agreement.

Unless otherwise agreed in the SOW, upon receipt of full payment, ownership of Deliverables developed exclusively for you under a custom development SOW will transfer to you, excluding our pre-existing materials and reusable components, which we license to you on a non-exclusive, perpetual basis solely for use with those Deliverables.

You retain all rights in your Client Data and your trademarks. You grant us a limited licence to use Client Data solely to provide, maintain, secure and support the Services. With your prior consent, we may reference your name and logo as a client in our marketing materials and case studies.

If you provide feedback or suggestions about our Services, we may use them without restriction or obligation to you.

11. Confidentiality

Each party agrees to keep confidential all non-public business, technical, financial and customer information disclosed by the other party ("Confidential Information"), to use it only for the purposes of the Agreement, and to protect it with at least the same degree of care it uses to protect its own confidential information, and no less than reasonable care.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, was lawfully known to the receiving party beforehand, is independently developed, or is lawfully received from a third party without restriction. A party may disclose Confidential Information where required by law, regulation or a competent authority, provided it gives the other party prompt notice where legally permitted.

Confidentiality obligations survive termination of the Agreement for a period of five (5) years, and indefinitely in respect of trade secrets, source code and personal data.

12. Data Protection

When we process personal data contained in Client Data on your behalf, you act as the data controller and we act as the data processor. We will process such data only on your documented instructions and in accordance with our Data Protection Policy and any data processing agreement agreed between us.

Personal data that we collect through our website and in the course of managing our business relationship with you is handled in accordance with our Privacy Policy.

13. Warranties and Disclaimers

We warrant that we will perform the Services with reasonable skill, care and diligence, in accordance with generally accepted industry standards, and that the Software will perform materially in accordance with its documentation during any warranty period stated in your Agreement. Your sole remedy for breach of this warranty is for us to re-perform the deficient Services or correct the non-conforming Software, or, if we are unable to do so within a reasonable time, to refund the fees paid for the non-conforming part.

Except as expressly stated in the Agreement, and to the maximum extent permitted by law, the website and Services are provided "as is" and "as available", and we disclaim all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation. We do not warrant that the Services will meet every regulatory requirement applicable to your business.

14. Limitation of Liability

To the maximum extent permitted by law:

neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill or anticipated savings, however arising;
FINCOR IT will not be liable for any regulatory fines, penalties or losses arising from your compliance decisions, your configuration of the Services, or inaccuracies in third-party watchlist or exchange-rate data; and
each party's total aggregate liability arising out of or in connection with the Agreement will not exceed the total fees paid or payable by you to FINCOR IT under the relevant order form or SOW in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, your payment obligations, or any liability that cannot be limited or excluded by law.

15. Indemnification

We will defend you against any third-party claim alleging that the Software, as delivered by us and used in accordance with the Agreement, infringes that third party's intellectual property rights, and will pay damages finally awarded against you, provided that you promptly notify us, give us sole control of the defence and provide reasonable cooperation. This obligation does not apply to claims arising from modifications not made by us, combination with items not supplied by us, or use contrary to the Agreement.

You will defend and indemnify FINCOR IT against any third-party claim, fine or penalty arising from Client Data, your breach of applicable law or regulation, or your use of the Services in breach of the Agreement.

16. Term, Suspension and Termination

The Agreement starts on the effective date stated in your order form or SOW and continues until all subscriptions and SOWs have expired or been terminated.
Either party may terminate the Agreement by written notice if the other party materially breaches it and fails to remedy the breach within thirty (30) days of receiving notice, or if the other party becomes insolvent, enters liquidation or ceases to do business.
We may suspend access to the Services immediately where reasonably necessary to prevent a security threat, comply with law or a regulatory order, or address non-payment after notice.
On termination, your licence to use the Software ends and all outstanding fees become payable. For SaaS Services, we will make your Client Data available for export for thirty (30) days following termination, after which it will be securely deleted in accordance with our Data Protection Policy, unless we are required by law to retain it.
Clauses relating to fees owed, intellectual property, confidentiality, data protection, limitation of liability, indemnification and governing law survive termination.

17. Force Majeure

Neither party will be liable for delay or failure to perform its obligations (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, floods, fire, epidemics, war, civil unrest, strikes, government actions, internet or power outages, or failures of third-party hosting or telecommunications providers. The affected party must notify the other party promptly and use reasonable efforts to resume performance.

18. Governing Law and Dispute Resolution

These Terms and the Agreement are governed by the laws of the People's Republic of Bangladesh. The parties will first try to resolve any dispute amicably through good-faith negotiation between senior representatives within thirty (30) days. If the dispute is not resolved, it will be referred to arbitration in Dhaka under the Arbitration Act, 2001, conducted in the English language, unless the parties agree otherwise in writing. Subject to the foregoing, the courts of Dhaka, Bangladesh will have exclusive jurisdiction. Either party may seek urgent injunctive relief from any competent court.

For international clients, an alternative governing law and venue may be agreed in the applicable master services agreement.

19. General Provisions

Entire agreement. The Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior proposals and understandings.
Amendments. We may update these Terms from time to time by posting a revised version on this page. Changes will not affect signed agreements during their current term unless both parties agree in writing.
Assignment. Neither party may assign the Agreement without the other's prior written consent, except to a successor in a merger, acquisition or sale of substantially all of its assets.
Subcontracting. We may use qualified subcontractors and service providers, and we remain responsible for their performance.
Independent contractors. The parties are independent contractors, and nothing in the Agreement creates a partnership, joint venture or employment relationship.
Non-solicitation. During the Agreement and for twelve (12) months afterwards, neither party will directly solicit for employment any employee of the other party who was materially involved in the Services, without the other party's prior written consent.
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.
Waiver. A failure or delay in exercising any right is not a waiver of that right.
Notices. Formal notices must be in writing and delivered by hand, courier or email to the addresses specified in the Agreement.

20. Contact Us

If you have any questions about these Terms, please contact us:

FINCOR IT
Flat-4A, Road-10, House-11, Block-G, Aftabnogor, Badda, Dhaka
Email: info@fincorit.com
Phone: +880 1700-000000