These Terms and Conditions shall apply to the provision of Systems by FusionPOS, the trading name of Fusion Innovative Limited, a company registered in England under number 10752563, whose registered office is at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX
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 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.
1.1 The definitions and rules of interpretation in this clause apply in this Contract.
Agreement Form: the form by which you have agreed to order the System, which is subject to these Terms and Conditions;
Bank Account your business bank account from which the Rental Payments shall be requested by the Company via a collection method such as standing order or Direct Debit, details of which are set out on the Agreement Form;
Business Day a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business;
Business Premises your business premises located at the address detailed on the Agreement Form;
Client/You/Your the individual, firm or corporate body specified on the Agreement Form. Where an individual is entering into this Contract on behalf of a business, the individual confirms they have the authority to do so and to contractually bind that business and the business shall be the Client in the context of this Contract;
Contract the contract between the Company and you for the hire and/or purchase of the System in accordance with the Agreement Form, which is subject to and incorporates these Terms and Conditions;
Commencement Date the date that the website became live and ready for trading;
Delivery the transfer of physical possession of the Equipment to you at the Business Premises;
EPOS Software the computer program which enables customers to order from your takeaway via the Website and over the telephone and for the customer orders to be printed out in the Business Premises;
EPOS System the electronic point of sale system (EPOS) comprising the Equipment, the EPOS Software and the Website;
Equipment EPOS system, thermal printer and caller ID or such other equipment as may be provided by the Company from time to time which is suitable to operate the EPOS System;
GDPR General Data Protection Regulation 2016;
Intellectual Property Rights all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off;
Setup Fee the “one off” sum payable to the Company as specified on the Agreement Form, to be dealt with in accordance with clause 6.6;
Material the content provided by you to the Company from time to time for inclusion on the Website including photographs, menus, price lists and other information;
Online Ordering Software the computer program which enables customers to order from your takeaway via the Website (but not over the telephone) and for the customer orders to be printed out in the Business Premises;
Online Ordering System the Equipment, the Online Ordering Software and the Website; Personal Data has the meaning as defined in the GDPR;
Rental Payments the weekly sum (inclusive of VAT) payable for the EPOS System the Online Ordering System as stated on the Agreement Form;
System either the EPOS System or the Online Ordering System as relevant and as ordered by you on the Agreement Form;
Term the term of this Contract as provided for in clause 5;
Website a website for your takeaway business, the primary function of which is to allow your customers to order online;
Weekly Payment Date the agreed day of every week during the Term on which the Rental Payment is paid, which in the absence of express agreement shall be a Monday;
1.2 Each reference in these Terms and Conditions to:
1.2.1 “we”, “us” and “our” is a reference to the Company;
1.2.2 “writing” and “written” includes emails;
1.2.3 a statute is a reference to that statute as amended or re-enacted at the relevant time;
1.3 Basis of contract
1.3.1 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.
1.3.2 The Agreement Form constitutes an offer by you to purchase the Software in accordance with these Conditions. You are responsible for ensuring that the terms set out on the Agreement Form are complete and accurate.
1.3.3 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.
1.3.4 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.
1.3.5 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 be rescinded by the Company prior to the expiration of that period without prior notice.
2. Purchasing a product from Fusion POS
You shall be permitted to use the EPOS Software or the Online Ordering Software (as relevant) and the Website in accordance with these Terms and Conditions:
2.1 The client pays a One time setup fee 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 at an additional charge.
- 1 Cash Draw at an additional charge.
2.1.1 The Company shall design, develop, deliver, maintain and arrange for the hosting of your Website which, subject to your use of the System in accordance with these Terms and Conditions, shall work compatible with and be accessible by you through the Equipment.
2.1.2 You are responsible for the security of the System and must not allow it to be used by anyone other than in accordance with these Terms and Conditions. You must put measures in place to comply with the GDPR, which includes, but is not limited to, ensuring that you lock your terminal or log off to prevent unauthorised users accessing the System in your absence if you leave the System unattended. Staff without authorization should only be allowed to use the System under supervision. Passwords must be kept confidential and must not be made available to anyone else unless specifically authorised by you. You must put measures in place to change the passwords for the System on the termination of employment of any of your staff who were in possession of your password.
2.1.3 You will provide the Company with suitable Materials to be displayed on the Website as soon as possible after the Commencement Date. It is your responsibility to ensure that this information is accurate. The Company shall update the Website with Materials provided by you from time to time.
2.1.4 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 contacting your internet service provider. Our recommended internet speeds are a minimum 7 Mbps download speed and 0.6 Mbps upload speed.
2.1.5 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 a 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. If the payment is not received for the weekly rental for 2 weeks continuously, then FusionPOS has the right to hold the account until further payment and the product cannot be used by the client.
2.3 Cancellation Terms
2.3.1 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 have been paid as one time Setup Charge.
2.3.2 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 through email (firstname.lastname@example.org) and provide 30 days of notice.
2.3.3 Once Fusion POS receives the Whole system back from the client and if the client satisfies the conditions – (refer section 5.1) 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.
2.3.4 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 the 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.
2.3.5 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.
3. 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.
3.1 Free & Trial Period
At the time of joining, 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 a trial period (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 a weekly rental.
4. Payments towards Fusion POS
Payments in regards to One Time Setup Fee from Client towards Fusion POS can be paid as Account Deposit or Bank Transfer or Paypal.
4.1 In regards to Immediate Account TOP UP
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
4.2 Payment Gateway
4.2.1 Clients can receive payments from their customer (the end user who uses the client’s service) funnels through the most trusted and secured payment gateway Stripe. To know the transaction charges, contact your account manager.
4.2.2 All the online payments for the orders will be received in the connected stripe account and payment will be transferred to your account every Monday with the transaction charges deducted from stripe.
44.2.3 FusionPOS does not charge any additional charges and hence are not reliable for any deduction in the total order amount.
4.3 Sending Promotional SMS
If a client decides to use our feature “To send promotional SMS” for promoting their business, then the Client needs to have a sufficient amount of money in their accounts so that the texts can 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. Clients 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 Clients. Any text messages which have been typed with incorrect or wrong content or with false promises or sent to inappropriate mobile numbers, Client will be held responsible. The maximum Characters in each SMS text should be below 160 characters. It is the duty of Client to double check and confirm the content and the mobile numbers before sending out texts. Please check our FAQ’s or check with our customer service team to know in detail how the client can send SMS successfully.
4.4 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 and 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.
5. Return Policy
5.1 Equipment Return
5.1.1 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 any defects in the cosmetic condition of the equipment within the first 24 hours of receiving the goods to Fusion POS.
5.1.2 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.
5.1.3 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.
5.1.4 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).
5.1.5 If the equipment is returned damaged beyond the value of the One Time 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.
5.1.6 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.
5.1.7 If a client decides to end a 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).
5.1.8 If the equipment is not returned within 10 days after the end of the Trial period, Fusion POS withholds 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.
5.2 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 days from the date of purchase, and the buyer is responsible to pay for return postage.
Once we have received the product(s) and if appropriate, 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.
5.3 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.
5.4 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.