Terms and Conditions
Creative Point of Sale agrees to provide the Customer, during normal business hours, with support for the Equipment. This support will be available on the first business day following the date of signing this Agreement. The agreement, which constitutes the whole agreement between Creative Point of Sale and the Customer, is not assignable or transferable and is subject to the following conditions:
1.1 Where applicable, train the Customer’s key representative/operator in the correct use of the equipment.
1.2 Service the Equipment and provide any labour and replacement parts (if indicated in the warranty of the equipment) necessary to ensure normal working operation of the Equipment. Replacement spare parts will be of serviceable quality and may be new or reconditioned. Replaced components will become the property of Creative Point of Sale.
1.3 Provide all mandatory retrofit modifications as introduced by the manufacturer (free of charge).
1.4 Relocate the equipment at the Customer’s request at the then current relocation charge rates but only within Creative Point of Sale area of operation.
1.5 Creative Point of Sale reserves the right to increase support charges annually or when significant price increases are passed down by the manufacturer, the Customer may terminate the contract in accordance with Clause altered charges are not accepted.
1.6 Creative Point of Sale reserves the right to charge any tax implemented by the Federal or State Government whether implemented on a capital or revenue basis including but without limiting those referred to as Goods and Services Tax.
1.8 Creative Point of Sale shall be relieved from liability from this Agreement if and to the extent it shall be unable to carry out any or all of it’s obligations hereunder for any cause beyond its reasonable control, including but not limited to; unavoidable casualty, delays in delivery of materials, embargoes, government orders, acts of civil or military authorities, emergency conditions (including weather conditions) incompatible with safety or good quality workmanship, or any similar unforeseen event that renders performance commercially implausible.
2.1 Replacement of those items considered as a “consumable” item including but not limited to paper and printer ribbons.
2.2 Electrical work or computer/software/interface/network work external to the Equipment.
2.3 Repair of any malfunction or damage whatsoever caused by lightning, electrostatic discharge, electromagnetic interference, or power surges of any type.
2.4 Any service or replacement made necessary by accident, negligence, wilful act, default or causes external to the Equipment.
2.5 Calls for service made necessary by the failure of the operator to comply with instructions in the Operator Instruction Manual or any other request made by Creative Point of Sale and it’s authorised personnel in the interests of maintaining hardware reliability and serviceability.
2.6 The labour and pro-rata costs of spare parts where these costs are attributed to the use of non-approved materials or consumables.
2.7 Training of operators in addition to that provided free of charge with initial installation.
2.8 Relocation and collection of Equipment.
2.9 Water damage.
3. THE CUSTOMER
3.1 Shall operate the equipment and use it in accordance with the manufacturer’s and/or Creative Point of Sale’s instructions.
3.2 Shall accept liability for costs arising from items not included under the Support Agreement.
3.3 Shall recognise Creative Point of Sale’s liability, in respect of the supply of the services hereunder, shall be limited to resupplying service or the cost of resupplying the service.
3.4 Shall pay Creative Point of Sale for all charges incurred in relation to this Agreement in full without any deductions or withholding whatsoever on any account within the Trading Terms noted on the invoice and in addition any fees and charges relating to collection of monies owed and/or owing, including but not limited to collection fees, dishonour fees and legal fees.
3.5 Failure to pay any or all amounts within the Trading Terms on the invoice will constitute fundamental breach of the Agreement by the Customer entitling Creative Point of Sale to terminate this Agreement.
3.6 Shall recognise that property in the goods supplied remains with Creative Point of Sale until all monies owed and/or owing are paid in full to Creative Point of Sale.
3.7 Shall, in the case of Equipment owned by Creative Point of Sale or it’s financier: a) not dispose of, allow any lien to be created over, or encumber the Equipment and/or goods in any way b) make any representations which lead or could lead to confusion arising in relation to Creative Point of Sale or it’s financier’s title to the Equipment and/or goods c) ensure that the Equipment and/or goods are kept and maintained in good order and repair and do everything reasonable to prevent any damage or loss d) keep the Equipment and/or goods safe at all times against fire, accident, theft, and any other foreseeable risks and cover with a current Insurance Policy e) not make any alterations to or modify the Equipment and/or goods without prior written consent from Creative Point of Sale f) not remove any identification features on the Equipment and/or goods g) notify Creative Point of Sale immediately of any loss or damage to the Equipment and/ or goods
3.8 The Customer must maintain a current insurance policy for the equipment or include the equipment and software as part of the customer's existing insurance policy for the full replacement value, noting the interests of Creative Point of Sale and/or the Financier (whichever is the owner of the goods) and provide a copy of the certificate of insurance upon request to Creative Point of Sale.
3.9 The Customer warrants that the equipment and software are compatible and will continue to be compatible with the Customer's network, notwithstanding any changes which may be made to the network in future.
3.10 The Customer indemnifies and keeps indemnified Creative Point of Sale for any damage or injury or liability whatsoever resulting from the installation, service and maintenance of the equipment, except in the case of negligence by Creative Point of Sale.
4.1 Creative Point of Sale reserves the right to terminate this Agreement forth with if the Customer is in breach of any of their obligations.
4.2 Creative Point of Sale also reserves the right to terminate this Agreement forthwith in the event that the Equipment is considered “End of Life” by the manufacturer indicating access to replacement parts would no longer be available and/or in the opinion of Creative Point of Sale the Equipment has become too expensive to maintain and/or is obsolete.
4.3 The Software and Support agreement shall apply for a minimum period of 12 months and will automatically renew for further 12 month period unless and until a party provides the other party with written notice to cancel the Agreement at least 30 days before the start of the next Renewal Period, which shall take effect no earlier than the end of the Initial Term or the end of the then current Renewal Period. Upon the start of each Renewal Period, the Customer will be charged for the Software licence fees (at the then current rates) via the original billing method.
5. ADDITIONAL SOFTWARE
5.1 Creative Point of Sale employs the use of third party software for automating status and service. This eliminates expensive and time consuming interruptions to both the Customer and Creative Point of Sale while increasing the accuracy and timely delivery of information and may also eliminate any possible breach of this Agreement by the Customer.
5.2. Enterprise level installations are supported with the ability to audit thousands of networked devices within minutes. Applications are usually installed on a server or main workstation connected to the network. This allows the application to perform an audit on a pre-scheduled date/time, retrieve the information and send it to a central server. Please be aware that the software installed on the Customer’s server or networked workstation will be configured to send information to a central server and as such the access to this software is limited to guest access by the end user.
5.3 The Customer agrees to keep the server networked workstation and all Point of Sale equipment which the software is installed powered on and connected to the Equipment via the Customer’s network at all times, except during network outages and routine network maintenance.
5.4 Creative Point of Sale acts as a reseller for Eposnow, Eposnow product terms and conditions can be found at https://resources.epossystems.com.au/terms-and-conditions/