Basis of contract

• 1.1 These Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
• 1.2 The Agreement Form constitutes an offer by you to purchase the System in accordance with these Conditions. You are responsible for ensuring that the terms set out on the Agreement Form are complete and accurate.
• 1.3 The Agreement Form shall only be deemed to be accepted when the Company signs the Agreement Form (by a handwritten or electronic signature) at which point the Contract shall come into existence.
• 1.4 The Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract
• 1.5 Any samples, drawings, descriptive matter, or advertising produced by the Company and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the System described in them. They shall not form part of the Contract or have any contractual force.
• 1.6 A quotation for the System given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue and may rescinded by the Company prior to the expiration of that period without prior notice

Introductiont

Fusion POS reserves the right to update and change the Terms of Service by posting updates and changes to the Fusion POS website at any time. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you and by continuing to use the Services you will at all times be deemed to be bound by the most current Terms of Service. By signing up for the any of the services offered by Fusion POS you are agreeing to be bound by the terms and conditions set out below (Terms of Service). Any new features or tools which are added to the current Services shall also be subject to the Terms of Service.

Purchasing a product from Fusion POS

It is the Client’s responsibility to read and agree to the terms and conditions prior to making payment. Once a payment is received the contract between Fusion POS and the Client is in force. The Client is also entitled to sign a standing order for the weekly rent towards Fusion POS.

What you pay and what you get

The client pays a Onetime setup fee of based on the package (Standard, Premium, Enterprise) they select for below mentioned products.

A client who signs up with Fusion POS gets below mentioned products.

• 1 All-in-System (Touch screen)
• 1 Caller ID
• 1 Thermal Receipt printer (Additional Printer each cost £250.00)
• 1 Cash Draw at an additional charge of £75.00

Internet Requirement

Our hardware and software require a reliable and robust connection to the internet to take advantage of all of the online features and benefits. It is the Client’s responsibility to ensure that they have an appropriate internet connection in place prior to installation and to also ensure that the internet connection is maintained correctly. Internet speeds and consistencies can be checked by using internet speed test websites or contact your internet service provider. Our recommended internet speeds are a minimum 7Mbps download speed and 0.6Mbps upload speed.

Whilst Fusion POS employees may provide advice and an indication of the suitability of the Client’s internet connection, it remains the Client’s responsibility to ensure they have a suitable internet connection both before and after an order is placed. Fusion POS cannot be responsible for any slow responses to our system that is caused by poor internet connection.

Charges & Rental

On acceptance of an order, a One Time SETUP FEE per terminal will be taken in addition to the rental fee. Fusion POS would charge the Client on weekly basis towards rent. Per week the rental charges would be based on the package they select ( Basic £15, Standard £25 , Premium £35 ). After Completion of free trial period the Client is entitled to sign a Direct Debit for the weekly rent towards Fusion POS.

Terms about cancellation

If the Client completes the stay with Fusion POS for 6 months from the end of ‘Free Period’ the client inherits the whole system provided by Fusion POS, thus the client is not eligible for any refunds which has been paid as one time Setup Charge. But before completion of 6 months excluding ‘Free Period’ if a client decides to end the relationship with Fusion POS then the client should notify Fusion POS in written about the cancellation of the services with Fusion POS, and provide 30 days of notice. Once Fusion POS receives the Whole system back from the client and if the client satisfies the conditions – (please refer return policy) then the client will be charged £150 as cancellation fee and the same will be deducted from the setup fee charged and the balance will be paid back to the client. The refund (if any) from Fusion POS will be done as a Bank transfer. It is the sole duty of the client to provide Fusion POS with client’s valid bank details like Account Number, Sort Code, Branch Name and Name of the Bank. In any condition if the client provides an invalid Bank details and the amount has been transferred to the given account, Fusion POS cannot be held responsible. And there wouldn’t be any further payment transactions from Fusion POS in regards to this. The Setup amount refund will not be paid as cash or Cheque. If the client breaches Fusion POS code of conduct then Fusion POS reserves full rights to cancel all the services provided to the client with immediate effect.

The Code of Conduct

Any client who signs with Fusion POS has to abide with the Code of Conduct. Any Client who is found not abiding to the code will face serious actions from Fusion POS. From the time the client signs up with Fusion POS till the client cancels the service, the client has to strictly abide by the following rules

Free & Trial Period

At the time of placing an order Fusion POS will advise the Client of the rental period, and the fee for rental for that period. From the date the Client signs up with Fusion POS he/she will get trail perioed (FREE PERIOD). After successful completion of Free Period, the rolling contract for 12 months between the Client and Fusion POS starts wherein the Client is charged weekly rental.

Payments towards Fusion POS

Payments in regards to Onetime Setup Fee from Client towards Fusion POS can be paid as Account Deposit or Bank Trasfer or Paypal.

In regards to Immediate Account TOPUP

Any Payments in regards to sending promotional SMS or any account billing balance top up is done through Paypal – Online Direct Debit. To know their charges and other Terms & Conditions please visit https://www.paypal.com/uk/webapps/mpp/home as a client it’s your full responsible to read their terms and conditions

Payment Gateway

Client can receive payments from their customer (end user who uses the client’s service) funnels through the most trusted and secured payment gateway Stripe or Nochex. To know the each transaction charges speak to your account manager.

Sending Promotional SMS

If a client decides to use our feature “To send promotional SMS” to promote their business, then the Client needs to have a sufficient amount of money in their accounts so that the texts to be sent successfully. If a client falls short of the required balance amount in their account to send SMS then the client can use GO-Cardless or Paypal facility to top-up their balance instantly (also please refer https://gocardless.com to know how it works). Fusion POS doesn’t provide free texts to their Client at any given point of time under any circumstances. Client will be held full responsibility for the outcome of sending text SMS. At any given point of time Fusion POS will not refund the total sum amount required to send texts out or provide any free Texts to Client. Any text messages which has been typed with incorrect or wrong content or with false promises or sent to inappropriate mobile numbers Client will be held with full responsibility. The maximum Characters in each SMS text should be below 160 characters. It is the duty of Client to double check and confirms the content and the mobile numbers before sending out texts. Please check our FAQ’s or check with our Service team to know in detail how the client can send SMS successfully

Failure of weekly rent & Consequences

If the Client falls behind the payment schedule for 4 weeks or failed to renew the standing order or under any circumstances payment hasn’t reached Fusion POS Client’s “Boss” access would be temporarily blocked until further clearance of payments from the Client, the access wouldn’t be available. Further delays in payment could seriously affect Client’s business. If the Client is defaulter by 8 weeks Client’s System would be locked until further clearance from Fusion POS. If a Client isn’t available for business or due to any reasons if the Client’s business is shut down temporarily then it’s the sole responsibility of the Client to inform Fusion POS about the situation. Fusion POS would charge rental towards its Client’s for the whole stay even if a Client has active or passive business. Without clearing any previous debts or balances towards Fusion POS, Fusion POS will not initiate any process for the Change of Ownership for the business from Fusion POS Side, if there is any change in the Ownership. The Client will be given 3 notices for the due payments from Fusion POS and if the Client hasn’t responded then the Fusion POS has full rights to take appropriate Legal actions against the Client.

Return Policy

i) Equipment :

It is the Client’s responsibility to ensure the equipment is maintained and returned in the same condition as it was dispatched. It is the Client’s responsibility to document, and provide back to Fusion POS , any defects in the cosmetic condition of the equipment within the first 24 hours of receiving the goods. Fusion POS remains the owner of the equipment at all times. It is the Client’s responsibility to arrange the safe return of equipment within 6 working days of the end of the trial period. Fusion POS may offer to collect the equipment (chargeable service) however; it is the Client’s responsibility to document the cosmetic condition before they are collected by Fusion POS (or Fusion POS third-party courier).For each calendar day after 6 working days from the end of the rental period that

Fusion POS has not received the equipment we will charge an additional £15.

Upon return of the equipment Fusion POS will inspect the equipment and compile a report on the equipment. Based on the report of the engineer a refund of the deposit will be made less cancellation charge (if any). If the equipment is returned damaged beyond the value of the Onetime SETUP FEE, Fusion POS retains the right to invoice the Client for the amount additional to the deposit. The Client must pay this charge within 14 days of receiving the invoice.

The Client holds Fusion POS harmless against any defaults or claims arising out of use of the equipment. The equipment rental does not include any on-going services. The Client is responsible for informing Fusion POS of any changes to their contact details. If a client decides to end relationship with Fusion POS after the Trial Period, then the Client has to inform Fusion POS. it is the Client’s responsibility to document the cosmetic condition before they are collected by Fusion POS (or Fusion POS’s third-party courier). If the equipment is not returned within 10 days after the end of Trial period Fusion POS withhold all rights to charge the cancellation fee or retain the setup fee and invoice the Client. The Client is at all times responsible for ensuring timely payments to avoid default charges. Fusion POS will charge £10 for each day that payment is overdue.

ii) Till Rolls

The client should notify Fusion POS about the return of goods. Based on confirmation from our executive. He/She can send the parcel back to Fusion POS within 14 working day from the date of Purchase. Buyer is responsible to pay for return postage.

Once we have received the product(s) and if appropriate, any packaging, a refund will be credited to the payment card account within 2 weeks. Please note that it may take up to 14 days for your bank to credit your account. We are not liable, and cannot take responsibility for, any bank charges that you may incur during the refund process.

Title, risk and insurance

You shall retain all Intellectual Property Rights in any Materials that you provide to the Company to use on the Website and you hereby grant the Company a licence to such Intellectual Property Rights to the extent required to perform its obligations under this Contract.

All Intellectual Property Rights arising in the System, including any domain names, shall be the property of the Company and the Company hereby grants you a non-exclusive licence to use such Intellectual Property Rights to the extent required to utilise the System in accordance with these Terms and Conditions.

You agree that: the Equipment shall at all times remain the property of the Company and you shall have no right, title or interest in or to the Equipment (save the right to possession and use of the damaged and lost parts and arranging for annual Portable Appliance Testing (PAT Testing) to be carried out by an appropriately certified electrician, and shall make good any damage to the Equipment.

Law and jurisdiction

Any disputes in regards to this Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Interpretation

The definitions and rules of interpretation in this clause apply in this Contract.