1. Definitions and Interpretation of Terms
1.1. The Company means the business corporation Global Hunterstech Technologies (Pvt) Ltd, Company registration No.: 12424/2021, with its registered office in Harare, Zimbabwe, registered with the Commercial Register of the Municipal Court in Zimbabwe.
1.2. The Customer means any business corporation, institution or natural person conducting a business who purchased and/or uses the Software Product of the Company. Every person identifying with respect to the Company under a company or institutional registration number is considered an entrepreneur. The acquirer to whom the licence for the Software Product was transferred with consent also becomes a Customer.
1.3. The Software Product means a data file, including the software of the Company and all upgrades and plugins provided to the Customer by the Company for the original Software Product. The Software Product is not the subject of purchase of ownership; only the right to use it (the licence) is granted.
1.4. The Product is a collective term for the Software Product and the Services of the Company. Up-to-date information on the various Products is available on the Company website (/services).
1.5. The Representative means an agent or employee of the Company through whom the Customer can order a licence for the Company’s Software Product.
1.6. The Licensing Agreement means an Agreement between the Company and the Customer under which the Customer is granted a licence for the Software Product.
1.7. The Parties mean the Company on the one hand and the Customer on the other. Both Parties declare that they conclude the Licensing Agreement in connection with their business or institutional operations.
1.8. The Contractual Relationship means a legal relationship between the Company and the Customer established by the Licensing Agreement.
1.9. The Price List means a list of prices of the individual Products of the Company and combinations thereof (/pricing). All Product prices include VAT unless explicitly stated otherwise. The Price List forms an integral part of these General Terms and Conditions.
2. Introductory Provisions
2.1. These General Terms and Conditions — Software Product of the Company (hereinafter the “GTC”) form an integral part of the Licensing Agreement and govern the rights and obligations of the Parties arising in connection with the Licensing Agreement or the use of the Software Product.
2.2. The headings contained in the present GTC serve only for orientation. References to the singular include the plural and vice versa.
2.3. By entering into the Licensing Agreement, the Customer expresses its consent to all provisions of the present GTC. Provisions of a written order diverging from those laid down in the GTC take precedence over the provisions of the present GTC.
2.4. Where, for a limited period of time, the Company offers the Customer more favourable promotional conditions for the use of the Products and the Customer meets all specified conditions, the promotional offer prevails over the relevant provisions of the present GTC.
3. Conclusion of Licensing Agreement; Payment and Delivery Terms
3.1. The Customer is entitled to order the Software Product by: (a) a written or scanned order delivered to the Company’s email address indicated on the Company website, (b) an electronic order through the Company’s web interface, or (c) telephone, provided all essential elements set out below are agreed and confirmed.
3.2. Essential elements of an order include: (a) Customer identification — company/institution name, registration number, registered office, email address, representative name and telephone number; (b) name of the Software Product, version and licence period; and (c) price and method of payment.
3.3. The Licensing Agreement is concluded when, during installation or onboarding, the Customer enters the unique licence code and accepts these General Terms and Conditions.
3.4. The Customer agrees to the Company issuing tax documents (invoices) in electronic format.
3.5. For the first payment, the licence price is payable no later than 10 days after the invoice date, unless a different due date is indicated on the invoice, either online through an approved payment gateway or by bank transfer to the Company Account.
3.6. For subsequent licence renewals, the Customer will pay the licence price no later than the 10th day of the first month of the renewal period, unless a later due date is stated on the invoice.
3.7. The Company charges VAT in accordance with applicable legal regulations.
3.8. Any payment made by the Customer to the Company Account is first applied against any outstanding arrears and accessories, and then towards the current licence fee.
3.9. The Customer will receive a unique licence code for the Software Product within 3 (three) working days of payment of the licence fee.
4. Rights and Obligations of the Customer
4.1. The Customer is entitled to use the Software Product solely for its own internal operations and for the purpose for which it was intended.
4.2. The Customer acknowledges that the Software Product is owned by the Company and protected by copyright law.
4.3. The Customer is forbidden to tamper with the Software Products of the Company, create unauthorized copies or imitations, interfere with the functioning of the Software Product or perform reverse engineering. The Customer may not rent or transfer the licence without prior written consent of the Company.
4.4. A valid Licensing Agreement grants the Customer a non-transferable, non-exclusive licence valid for the agreed period.
4.5. The Customer must inform the Company without undue delay of any change in its trade name, registered office, contact person or circumstances that could materially affect fulfilment of its obligations.
4.6. The Customer must acquaint itself promptly with messages delivered by the Company to its email or customer account.
4.7. The Customer may not use the Software Product in a manner that could disable, overload, disrupt or compromise the Software Product or network infrastructure.
4.8. The Customer may not use the logo, name or trade name of the Company in advertising without prior written consent.
4.9. The Customer is encouraged to back up and archive data regularly and verify that backups are error-free.
4.10. Failure by the Customer to utilize the Software Product during an active licence term does not entitle the Customer to a refund or price reduction.
5. Rights and Obligations of the Company
5.1. The Company reserves the right to modify the Software Product to improve its quality and update technical parameters necessary for full functionality.
5.2. The Company may temporarily suspend or restrict operation of the Software Product for scheduled maintenance, security protection or upon directive of a competent authority.
5.3. The Company may restrict or suspend operation without prior notice if: (a) the Customer is in default of payment, (b) the Customer’s usage threatens system integrity for other customers, or (c) there are reasonable grounds to suspect misuse.
5.4. Once the grounds for suspension under Art. 5.2 or 5.3 cease to exist, the Company will restore operation without undue delay.
5.5. The Company is entitled to collect and process operational telemetry regarding the performance of the Software Product.
6. Customer’s Personal, Identification and Operating Data
6.1–6.7. The Company collects, processes and protects personal, identification and operating data in accordance with applicable data protection laws and GDPR principles for the performance of the Licensing Agreement, protection of legitimate interests and compliance with statutory obligations, as detailed in our Privacy Policy.
7. Data Stored by the Customer
7.1–7.4. The Company does not inspect unstructured business content stored by the Customer in its private database or cloud instance. Where cloud services are activated, systems are kept under continuous security monitoring and access is restricted to authorised personnel for maintenance. Session cookies are used for authentication in web modules.
8. Communication with the Customer & Delivery
8.1–8.3. Official notices and invoices may be delivered via the Customer’s web account or email address on record. Customer communications to the Company should be sent to support@globalhunterstech.com or our registered Harare office.
9. Liability for Defects & Warranty
9.1–9.6. The Company warrants the proper functioning of the current version of the Software Product during the term of the Licensing Agreement when operated in accordance with the documentation and on supported hardware, operating systems and networks. Where a verifiable defect occurs, the Company will take steps to remedy the defect or issue a corrective update within a reasonable period.
10. Complaints
10.1–10.7. Complaints regarding Software Product defects must be submitted in writing to support@globalhunterstech.com with Customer identification, product specification, a detailed description of the issue and proof of licence. Verified defects are resolved via a free software update or patch.
11. Limitation of Liability
11.1–11.12. The Company is not liable for losses resulting from a breach of the Customer’s obligations, third-party internet or power outages, unbacked-up local data or indirect/consequential lost profits. Overall liability for damages, if any, is limited to the licence fees excluding VAT paid by the Customer for the Software Product in the twelve (12) months preceding the claim.
12. Duration and Termination of the Licensing Agreement
12.1–12.7. Unless specified otherwise in the order, monthly licences renew automatically for successive periods unless written notice of non-renewal is delivered at least ten (10) days prior to the end of the current period. Either Party may withdraw from the Licensing Agreement under the material breach conditions specified herein.
13. Final Provisions
13.1–13.12. Should any provision of these GTC be held invalid or unenforceable, the validity of the remaining provisions shall not be affected. These GTC are governed by the laws of Zimbabwe. Any questions regarding these Terms may be directed to inquiries@globalhunterstech.com.