Epos Systems Terms and Conditions
Parties to the contract
- “Customer” means the person who accepts a quotation of the Company for the sale of the Goods or whose order for the Goods is accepted by the Company.
- “The Company” means Epos Systems Pty Ltd ACN 602 690 111 and the postal address is PO Box 621, Buddina, QLD 4575.
Quotes and Proposals
- The Customer is responsible for understanding these terms and conditions and they are deemed accepted when the Customer signs the contract and/or service agreement.
- If requested by the Customer, the Company may provide a demonstration of the software free of charge, however the Company makes no warranties as to the suitability of the hardware or software for the Customer’s requirements.
- The Company may provide a written quotation upon request, however the prices only and are valid for 30 days and the Company is not bound to provide any product or service until a contract is signed.
- All prices are quoted exclusive of GST unless otherwise indicated.
- If the Customer must pay money upfront as a term of any contract, the Company is not obliged to perform any of its obligations until such payment is received.
- Any advice or recommendation given by the Company by its employees or agents to the Customer regarding product care, storage or potential applications of the products which is not confirmed in writing, is acted upon at the Customer’s own risk, and the Company is not liable for any loss or damage which occurs as a result.
- The Company reserves its right to correct any typographical, clerical or other error or omission in its sales literature, quotations, price lists, invoices, website or other documentation and it assumes no liability for loss or damage which occurs as a result of the Customer’s reliance upon it.
- The Epos Systems require a reliable internet connection to access all of the online features, and the Customer is responsible for purchasing and maintaining a reliable internet connection with a minimum speed of 7Mbps download speed and 0.6Mbps upload speed.
- Whilst the Company may provide advice about the suitability of the Customer’s existing internet connection, the Company does not warrant that it is sufficient or assume any liability.
Annual Licence Fee
- The Company may charge the Customer monthly for the Annual License Fee. This means that the licence fee is an annual charge and the Customer must pay for the entire year.
- The Annual Licence Fee is chargeable per device.
- The annual Licence will automatically renew for 12 months on the anniversary of the original account activation and these terms apply to the renewed term.
- The Company will notify the customer 30 days prior to the due date via email or phone, however any failure to pay the Annual Licence Fee for the 12 month renewed term within 30 days of the renewal will result in a service suspension until the payment is made. Service Suspension can result in business interruption, and the Company is not liable for any loss or damage incurred by the Customer due to loss of trade or otherwise.
- If the Customer cancels their Annual Licence part-way through the annual contract, the charge is calculated by multiplying the number of months remaining on the contract by the monthly payment. There is no discount for early termination.
Payment of the Annual Licence Fee provides the following:
- Use of the Epos Now software for 12 months;
- Maintenance and operation services for the Epos Now servers;
- Selective system updates improving the running and functionality of the software, at the Company’s discretion.
- The Company offers two optional Support Plans: Standard Support and Premium Support.
- Customers can upgrade to a Support Plan at any time.
- All Support Plans are monthly agreements, charged monthly in advance and require 30 days’ notice to cancel.
- The Company requires monthly payments to be made by direct debit or credit card only.
- If any attempt by the Company to deduct a payment is dishonoured, the Company will make a second attempt. If the second attempt is dishonoured, service will be suspended from all devices at all locations until payment is received in full.
- Customers may upgrade from Standard Support to Premium Support at any time.
- If the Customer is already part-way through a Standard Support contract it will be cancelled and replaced by the new support contract.
- Where the customer paid annually for a Standard Support plan the remainder of pre-payments will be discounted from the new support plan’s payment schedule.
- The Premium Support contract starts a new 12 month term commencing from the date of the upgrade.
Breach & Cancellation
- The Company may terminate the contract if:
- The Customer does not pay fees by the due date;
- The Customer breaches a condition of this agreement or any other agreement that it has with the Company and does not remedy the breach within 7 days’ of receiving written notice;
- The Company reasonably believes that you have infringed its intellectual property rights or disclosed confidential information;
- The Customer has committed an act of bankruptcy, is insolvent, or enters arrangements with or for the benefit of creditors;
- “Epos Now” is discontinued or unavailable due to circumstances outside of the Company’s control; and
- Where the Company gives 30 days’ notice to the Customer to terminate the contract.
- The Company may terminate the contract if:
Delivery of purchase
- Whilst the Company takes every reasonable measure to ensure its products arrive undamaged, it is the Customer’s responsibility to check the products before accepting them at time of delivery, and notify the delivery personnel of any damage.
- If product is faulty or damaged on arrival the Company will provide a replacement product, provided that the Customer notifies the Company on the same day.
- The Company, is not be liable for delivery delays for any reason.
- All deliveries must be signed for and the Customer is responsible for providing the Company with the correct address, email and mobile number to make the most of this service.
- It is the Customer’s the responsibility to appoint an appropriate person who is available to sign for the delivery. The Company is not responsible for any deliveries fail due to access issues.
- The Company requires that the Customer keeps the original packaging in case the product needs to be returned, because the original packaging is designed to protect that product during transportation. If an item is damaged in transit due to poor packing by the customer the Customer is responsible.
Epos Systems Hardware Warranty
- Any new hardware purchased directly from the Company, and manufactured by Epos Systems, is warranted against manufacturing defect for the period of 1 year from the date of delivery of the goods. This is the “Limited Warranty” period for this product.
- Customers may choose to purchase an Extended Warranty within the Limited Warranty period. This Extended Warranty confers the same rights as the Limited Warranty, merely extended to three years from date of original delivery of the goods.
- Exclusions from this Warranty
- Any "third-party hardware" is not covered by a warranty from Epos Now. Third-party hardware is any hardware not manufactured by Epos Now, or any hardware which is not branded as "Epos Now".
- The warranty does not apply to the software and customer induced damages or circumstances, such as but not limited to:
- The product has been tampered with, repaired and/or modified by non-authorised personnel;
- The warranty seals have been broken or altered;
- Damage (accidental or other) to the product that is cosmetic, meaning damage that does not impact the operation and functioning of the product, such as but without limitation to rust, change in colour, texture or finish, wear and tear, gradual deterioration;
- Damage to the product caused by war, terrorism, fire, accident, natural disasters, intentional or accidental misuse, abuse, neglect or improper maintenance, use under abnormal conditions, accidental drops, spills, or power surges:
- Damage to the solution caused by improper installation, connection or malfunction of a peripheral device such as a printer, optical drive, network card, or USB devices
- Damage to the product through neglect to protect the hardware from viruses
- Damage to the product caused by an external electrical fault or any accident
- Fraud, theft unexplained disappearance or wilful acts:
- Liquid/fluid damage or contamination of any kind
- Damage caused by user error such as malware, uninstallation, other programs, mistreatment or any software problems that are caused by use of anything other than Epos Now software
- Exclusions from this Warranty
- Covering a Product Under Warranty
- If the Customer believes a product has a fault that is covered by the warranty it must report the issue to the Company within the warranty period and return it at its expense.
- Within 28 days of receiving the goods the Company will examine the device and if covered by the warranty will, at its discretion, either:
- Replace the product with an identical one or one with the same capabilities;
- If a device fails outside of the first 30 days of original purchase, the Company retains the right to replace or repair the product with refurbished or remanufactured parts; or
- Repair and return the product.
- Out of Warranty products
- If the Company determines your product is outside of the limited warranty the Company will, at the Customer’s request, prepare a quote for repair or replacement.
- The Customer can choose to pay for the repair or replacement or to have its original equipment returned (at their expense).
- Replacement products
- Where the company replaces or repairs a product under warranty, or as a chargeable out of warranty service, the repaired or replacement product inherits the remaining days of warranty from the original product.
- If the original product has less than 30 calendar days of warranty remaining the replacement or repaired product will receive a warranty of 30 calendar days.
- Dead on arrival
- If a new device fails within the first 30 days of original purchase, and is covered by a warranty, the Company will replace the device with another new product, at its expense.
Refunds and return of goods
- No return or refund will be issued unless the Complaints Procedure outline in these Terms and Conditions is followed.
- Any returned goods should be packed in the original packaging. The Company reserves the right to charge for any damages caused in transit due to poor packaging.
- Epos Systems and software sales are excluded from the standard returns policy due to the considerable costs in configuration, personalisation, training and dispatch. These items are strictly ‘non-refundable’.
- Where a product has been opened, Epos Systems will only accept a return of equipment if the system is deemed ‘not fit for purpose’ upon receipt of the goods and this must be agreed by both parties.
- the Company cannot process a return based on the following:
- Customer or staff training needs, not understanding or using the system properly
- Customer not properly researching or qualifying the purchase
- Functions that are not present or work differently than other products available in the market
- Compatibility with third party items/systems
- Epos Systems that has been dispatched, configured, personalised and used
- Customer shutting down the business / product surplus to requirements after delivery
- Orders that contain bespoke or custom equipment
- Operational problems that arise from a customer’s internet connection or other environment problems that are out of the Company’s control
- The Customer has accidentally damaged the item after delivery
- The Customer has misused the item and damaged it
- The Customer tried to open or tamper with the unit
- The Customer no longer requires the equipment after it has been personalised
- If the item is sold as faulty via our auctions/clearance
- The item is part of a custom or large order
- The item is not returned in its original packaging
- The Customer has not paid the software activation fee
- The goods are not in 'as new' condition.
- Any equipment damaged may be charged at full cost.
- The Company, must diagnose the return request by following this process:
- Consult with the Customer regarding the product complaint and attempt to resolve the issues via remote desktop.
- Attend the Customer’s business premises if the situation cannot be resolved remotely to perform a site survey and onsite training or repair. This may be subject to a charge.
- After the issue is identified the Company will have a reasonable timeframe to resolve the issue and the Customer will provide assistance to do so.
- Each system is subject to an upfront software activation fee per license which is strictly non-refundable, and the Company reserves the right to change this fee from time to time.
- Money paid to third parties for any modifications made to the software at the Customer’s request will not be refunded.
- If the Customer returns a product, the Company require it to be returned in the original packaging, with all boxes, leads, discs, adaptors and manuals.
- In the event of a return, refunds, credit notes and exchanges can only be made to the card account or business/person that made the order originally, these will be processed within 28 days of return.
- For any payments made through a finance Company, the Company will only be able to refund any amounts due via their instruction in writing.
- Any amounts paid for onsite installations, product imports, support payments, postage, module integrations and repair and labour cost are non-refundable.
- The Company endeavours to ensure that all customers are satisfied with their purchase, however, where problems arise the Customer commits to following this Complaints Procedure.
- If the Customer is not entirely satisfied with our products or services their first action should be to contact the Support Team. Contact details are available at https://epossystems.com.au/contact.html
- If the issue has not been satisfactorily resolved the Customer should then make a written complaint either by email to firstname.lastname@example.org
- Written complaints should include full details of the situation, and the nature of your complaint. Additionally please provide the best contact details to reach you on.
- The Company will respond to the initial written complaint 48 working hours, confirming that we have received your complaint, and advising you of which Epos Systems Manager will be managing the resolution for you.
- The Assigned Manager will endeavour to resolve your complaint as quickly as possible, working with you to understand all aspects and come up with a proposed resolution.
- Once the proposed resolution is understood, the Assigned Manager will write to you documenting the resolution and rationale behind the decision.
- Should you still not be happy with the resolution provided, you should contact the Assigned Manager and notify them you wish to escalate your complaint further.
- All sales are bound by these Terms and Conditions, and Epos Systems asks that the Customer read the full Terms & Conditions before raising a complaint.
- Nothing in this document is designed to override the Customer’s consumer law rights.
- The Company reserves the right to assign its interest in any contract or agreement that it enters into with the Customer.
- The Customer cannot assign its interest in any contract or agreement that it enters into with the Company unless the Company consents.
- This document contains all of the terms of the agreement between the Customer and the Company, in relation to that subject matter, and supersedes any prior understanding or agreement between the parties, and any prior conditions, warranties, indemnities or representations.
- The laws of the state of Queensland apply to this agreement and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland.
- All notices and communications (‘Notice’) to or upon the parties shall unless otherwise agreed be in writing and may be given and served by delivering the same to or despatching the same by facsimile transmission or by pre-paid registered mail delivered to the registered business address of the party, or by email if an email address is provided. Provided receipt is acknowledged, any notice given by facsimile is deemed to be given and served on the same date but if that day is not a Business Day or the facsimile is sent after 5.00pm (recipient’s time) it shall be deemed to be given and served on the next Business Day following the date of transmission. Any notice sent by registered post will be deemed to have been delivered 3 Business Days after it has been sent.
Epos Now Software End User License Agreement
- PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING YOUR EPOS NOW SOFTWARE. BY USING YOUR SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE SOFTWARE.
- The software, interfaces, content, fonts, documentation and any data that came with your Epos Now license as may be updated or replaced by software updates or system restore software provided by Epos Now whether in read only memory, on any other media or in any other form are licensed, not sold, to you by Epos Now LTD for use only under the terms of this License.
- Epos Now retain ownership of the software itself and reserve all rights not expressly granted to you.
- Epos Now, at its discretion, may make available future updates to the software for your Epos system.
- The customer shall carry out regular back-ups to removable media stored separately from the supported items and carry out other normal system housekeeping routines. Epos Now shall not be liable for any loss or damage sustained or incurred by the customer or any third party through loss or spoiling of data resulting from any maintenance activity by Epos Now required or performed under this Agreement. Epos Now will use reasonable endeavours to put right any such loss of data or programs, but reserves the right to charge for such.
- The customer remains totally responsible to have adequate virus protection to all parts of the system.
- Any additional software which is downloaded by the customer, which is not already preinstalled on your system, is done at the customers own risk.
Permitted license users and restrictions
- Each license allows you to use the software on the specific terminals requested by the customer at point of purchase.
- Each license does not allow the Software to exist on more than one terminal, and you may not make the Epos Now software available over a network where it could be used by multiple devices or multiple computers at the same time unless otherwise agreed by the supplier Epos Now.
- This license does not grant you any rights to use Epos Now proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the Epos system. Except as and only to the extent expressly permitted in this license or by applicable law, you may not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, decrypt, modify, or create derivative works of the Epos Now software, Epos Now software updates, or any part thereof. Any attempt to do so is a violation of the rights of Epos Now. If you breach this restriction, you may be subject to prosecution and damages.
- You may not rent, lease, lend, redistribute or sublicense the Epos Now software or software updates
- This license is effective until terminated. Your rights under this license will terminate automatically without notice from Epos Now if you fail to comply with any term(s) of this license. Upon the termination of this license your software will be restricted.
Limitation of liability
- To the extent not prohibited by law, in no event will Epos Now be liable for personal injury, or any incidental, special indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Epos Now software and software updates however caused, regardless of the theory of liability (contract, tort or otherwise).
- In no event shall Epos Now’s liability to you for all damages exceed the amount of your initial purchase price foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- “Epos Now” herein refers to Epos Now Ltd, a registered company in England & Wales number 07666961.
- “Customer” herein refers to the end user of the Epos Now software with whom Epos Now have a contractual relationship, and who may make use of Epos Now software, or store their own data on Epos Now controlled servers.
- “API” herein refers to the software set of functions and procedures that allow the creation of third-party applications which access the features or data of Epos Now’s Servers.
Licensed Uses and Restrictions.
- The Epos Now APIs are owned by Epos Now and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein.
- These terms define legal use of the Epos Now APIs, including all updates, revisions, substitutions, and any copies of the Epos Now APIs made by or for you.
- Epos Now Customer data (including but not limited to transaction data, sales data, product data, stock data) are owned by the Customer and not by Epos Now.
- All rights not expressly granted to you are reserved by Epos Now.
- Rights to use the Epos Now API are terminated if Epos Now disables your access to the Epos Now APIs.
- You shall:
- Comply with any requirements or restrictions imposed on usage of Customer Data by their respective owners. Although the Epos Now APIs can be used to provide you with access to Customer Data, neither Epos Now's provision of the Epos Now APIs to you nor your use of the Epos Now APIs override Customer Data privacy requirements and restrictions, which may include "all rights reserved" notices, Data protection, Creative Commons licenses or other terms and conditions that may be agreed upon between you and the Customers. In ALL cases, you are solely responsible for making use of Customer data in compliance with owners' requirements or restrictions.
- Remove from your application within 24 hours any Customer Data or other information that the owner asks you to remove.
- Provide accurate contact details for yourself to Epos Now upon request.
- Provide an accurate statement of intended use of the API to Epos Now upon request, and once provided restrict your activities to stay within this statement.
- You shall not:
- Use the Epos Now APIs for any application that replicates or attempts to replace the essential user experience of EposNowHQ.com or any Epos Now app or website.
- Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Epos Now APIs.
- Cache or store any Content other than for reasonable periods in order to provide the service you are providing to Epos Now users.
- Use the Epos Now APIs for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
- Use the Epos Now APIs in any manner or for any purpose that violates any law or regulation within the UK and the location of any of your own servers, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
- Use the Epos Now APIs in a manner that adversely impacts the stability of Epos Now.com servers or adversely impacts the behaviour of other applications using the Epos Now APIs. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions.
- Sell, lease, or sublicense the Epos Now APIs or access thereto or derive revenues from the use or provision of the Epos Now APIs, whether for direct commercial or monetary gain or otherwise, without prior written agreement from Epos Now.
- Serve, or allow third parties, to serve advertising materials to Customers, or to collect data for the purposes of marketing or advertising.
Ownership and Relationship of Parties.
- The Epos Now APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.K. and other countries.
- Epos Now's rights apply to the Epos Now APIs and all output and executables of the Epos Now APIs, excluding any software components developed by you which do not themselves incorporate the Epos Now APIs or any output or executables of the Epos Now APIs.
- You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms.
- Epos Now owns all rights, title, and interest in and to the Epos Now APIs.
- These terms grant you no right, title, or interest in any intellectual property owned or licensed by Epos Now, including (but not limited to) the Epos Now APIs and Epos Now trademarks.
- Epos Now may elect to provide you with support or modifications for the Epos Now APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you.
- Epos Now may change, suspend, or discontinue any aspect of the Epos Now APIs at any time, including the availability of any Epos Now APIs.
- Epos Now may also impose limits on certain features and services or restrict your access to parts or all of the Epos Now APIs or the Epos Now Web site without notice or liability.
- Epos Now retains the right to make a charge for use of the API on a recurring basis.
- Epos Now may increase, reduce or remove this charge at any time. Where an increase is made a notice period of no less than 7 calendar days will be given.
- Where payment is not received Epos Now withholds the right to prevent, block or withhold access to some or all Epos Now services. This includes denying access to other Epos Now services not connected to the one where payment has not been received.
Disclaimer of Any Warranty
- Some of the Epos Now APIs may be experimental and not tested in any manner. Epos Now does not represent or warrant that any Epos Now APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
- The Epos Now APIs are provided "as is" with no warranty, express or implied, of any kind and Epos Now expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement.
- Your use of the Epos Now APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Epos Now APIs including, but not limited to, any damage to your computer system or loss of data.
- It remains your responsibility to verify the integrity and accuracy of any data accessed, edited or supplied through the API.
Limitation of Liability.
- Epos Now shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Epos Now APIs, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Epos Now has been advised of the possibility of such damages.
- Under no circumstances shall Epos Now be liable to you for any amount, as far as can be restricted by law.
- Epos Now will not be liable for any loss, or future loss, of income that may occur from the discontinuation of any service that you have become reliant on.