Equipment: Conditioned and pursuant to the herein terms, CPP does hereby agree to provide to User an Ingenico model stand-alone card payment processing terminal (hereinafter referred to as the “Equipment”). The Equipment is designed to enable User to send card payment transactions to CPP.
Term & Return of Equipment: The term of this agreement shall begin on the Commencement Date and shall continue on a month-to-month basis until the earlier of (a) CPP’ or User’s written notice to the other of termination of this agreement; or (b) upon such time that User discontinues transmitting customer transactions through the Equipment to CPP for a period of thirty (30) days (the “Term”). Within ten (10) days from the end of the Term, User does hereby agree to either (a) return the Equipment to CPP at the sole cost and expense of User or (b) pay the equipment Non-Return Fee. If this agreement is cancelled in less than 24 months, user agrees to pay the equivalent of 24 monthly rental payments less any rental payments already made prior to cancellation.
Limited Support & Manufacturer’s Warranty: CPP agrees to provide limited technical support for installation and operation of the Equipment and to deliver to User any available product warranties provided by the manufacturer of the Equipment or other third party. CPP hereby assigns to User any end-user warranties provided by the manufacturer of the Equipment or other third parties.
User acknowledges that the Equipment is provided by CPP ‘as is’ with no representations or warranties and that CPP shall have no liability or responsibility for fulfilling the terms of the manufacturer’s or other third party warranties, if any, and the sole recourse of User relating to the manufacturer’s or other third party warranty shall be through the manufacturer or, as applicable, the third party. User agrees to release and hold harmless CPP from any and all claims relating to any breach of the manufacturer’s or third party warranties and that CPP shall not be liable to User for any loss, delay, error, interruptions or damage of any kind or character, whether direct, indirect or consequential, resulting from inoperable, defective or otherwise non-working Equipment. CPP agrees to assist User in the repair or replacement of the Equipment if necessary, as determined by CPP, and subject to additional charges and/or required documentation. If CPP replaces the Equipment pursuant to the above sentence, User does hereby agree to return the original Equipment, at its sole cost and expense, within ten (10) days of User’s receipt of the replacement equipment.Terminal returns may only be arranged by emailing email@example.com. Terminals returned within 30 days of original shipping date are eligible for a full refund less a 20% restocking fee. Terminals may not be returned after 30 days.
User acknowledges requirement of payment of the Monthly Terminal Management Fee of $10.00 per terminal per month. User also acknowledges they will be charged $0.02 per settled transaction.
Damage to Equipment: Except as otherwise may be covered under the manufacturer’s or third party warranty, if any, User agrees that it shall be solely responsible for any and all damage to the Equipment, ordinary wear and tear excepted and in the event the Equipment is damaged or otherwise returned in a non-working condition, User does hereby agree to pay CPP the Non-Return Fee.
Where and by Whom the Equipment May be Used: User shall not permit the Equipment to be used by any other person or entity or at any address other than the address of User first set forth above without the express written consent of CPP.
Jurisdiction: Venue; Governing Law. Jurisdiction and venue for any claim or cause of action arising under this agreement shall be exclusively heard in the state courts of Nevada (U.S.A.) and this agreement shall be governed and construed in accordance with the laws of the state of Nevada (U.S.A.).
I hereby agree to the terms and conditions of this Terminal Agreement.