POS AgentsTerms and Conditions

 

WEBSITE USAGE     PRIVACY POLICY     SHIPPING     SALES AGREEMENT

 

Website Usage


Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least [18] years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least [18] years of age.

License to use website
Unless otherwise stated, POS Agents LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:
� republish material from this website (including republication on another website);
� sell, rent or sub-license material from the website;
� show any material from the website in public;
� reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
� edit or otherwise modify any material on the website; or
� redistribute material from this website [except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without POS Agents LLC�s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without POS Agents LLC�s express written consent.

Restricted access
Access to certain areas of this website is restricted. POS Agents LLC reserves the right to restrict access to other areas of this website, or indeed this entire website, at POS Agents LLC�s discretion.

If POS Agents LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

POS Agents LLC may disable your user ID and password in POS Agents LLC�s sole discretion without notice or explanation.

User content
In these terms and conditions, �your user content� means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to POS Agents LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to POS Agents LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or POS Agents LLC or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

POS Agents LLC reserves the right to edit or remove any material submitted to this website, or stored on POS Agents LLC�s servers, or hosted or published upon this website.

Notwithstanding POS Agents LLC�s rights under these terms and conditions in relation to user content, POS Agents LLC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties
This website is provided �as is� without any representations or warranties, express or implied. POS Agents LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, POS Agents LLC does not warrant that:

� this website will be constantly available, or available at all; or
� the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability
POS Agents LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

� to the extent that the website is provided free-of-charge, for any direct loss;
� for any indirect, special or consequential loss; or
� for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if POS Agents LLC has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit POS Agents LLC�s liability in respect of any:

� death or personal injury caused by POS Agents LLC�s negligence;
� fraud or fraudulent misrepresentation on the part of POS Agents LLC; or
� matter which it would be illegal or unlawful for POS Agents LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, POS Agents LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against POS Agents LLC�s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect POS Agents LLC�s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as POS Agents LLC.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify POS Agents LLC and undertake to keep POS Agents LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Today Pays LLC to a third party in settlement of a claim or dispute on the advice of POS Agents LLC�s legal advisers) incurred or suffered by POS Agents LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions
Without prejudice to POS Agents LLC�s other rights under these terms and conditions, if you breach these terms and conditions in any way, POS Agents LLC may take such action as POS Agents LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
POS Agents LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment
POS Agents LLC may transfer, sub-contract or otherwise deal with POS Agents LLC�s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement
These terms and conditions [together with sales invoices, servicing, warranty and any other contract between the user and POS Agents LLC] constitute the entire agreement between you and POS Agents LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with New York State Court within Nassau County and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Nassau County.

Additional Terms and Agreements
POS Agents LLC cannot be held liable for any information that is inaccurately listed on the website todaypaysme.com including but not limited to information, pricing, payment terms and additional contracts. All final sales and service agreements must be signed and agreed upon prior to final sale and are effective immediately.

Refusal Rights
We reserve the right to limit quantities and to reject orders at our discretion. 

Right to Change or Modify
POS Agents LLC reserves the right to change, modify and/or withdraw the information, products or services in this site at any time without notice. 

Website Accuracy 
While we make our best effort to keep the information on our site accurate, prices are subject to change without notice. In the event a price is found to be incorrect, or a product is not accurately depicted, we will make every attempt to contact the customer to inform them of the changes. All information is believed to be accurate, but is not guaranteed. 

Copyright
All content included on this site is the property of POS Agents LLC or their content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of TODAY PAYS LLC protected by U.S. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.


Privacy and Security Policy

This privacy notice discloses the privacy practices for todaypaysme.com and POS Agents LLC. This privacy notice applies solely to information collected by this web site. It will notify you of the following: 

1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared. 
2. What choices are available to you regarding the use of your data. 
3. The security procedures in place to protect the misuse of your information. 
4. How you can correct any inaccuracies in the information. 

Information Collection, Use, and Sharing 
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. 
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. 
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. 

Your Access to and Control Over Information 
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website: 
� See what data we have about you, if any. 
� Change/correct any data we have about you. 
� Have us delete any data we have about you. 
� Express any concern you have about our use of your data. 

Non-Solicitation of Vendors
In addition, because contactor will have access to POS Agents LLC�s confidential cost structure and will become familiar with the negotiated terms of the confidential contracts simply by having to work within the guidelines of such contracts, said contractor shall not solicit nor enter into an agreement, directly with any of POS Agents LLC�s affiliated Banks or vendors for which POS Agents has an existing contract during the tenure of the Contractor�s relationship with POS Agents LLC, this includes any directly affiliated credit/debit processing companies or directly affiliated banks or vendors. Contractor hereby agrees and stipulates that this provision does not prevent said contractor from pursuing an ongoing career in the bankcard arena with the other 1200+ ISO/MSP�s as well as the other 300+ non- contracted banks. Should contractor breach this provision and solicit or contract with any POS Agents LLC�s credit/debit processing companies or directly affiliated banks, contractor agrees and stipulates that POS Agents LLC�s shall be entitled to enforce its rights in New York State Court within Nassau County. 

Security 
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. 
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page. 
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. 

Registration 
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

Orders
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.

Cookies
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Third Parties
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order. 
We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

External Links
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys, Contests, and Online Forms
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 888-590-7297 or info@posagents.com. 

Shipping Policy

Hardware Only Shipping Time: Orders placed on our site usually ship the same day unless a product is out of stock. Orders with Additional Services usually ship within 48 Hours.

Complete POS System

Complete POS System Bundle:  All Systems that require Preparation such as Software loading, Network Configuration, Menu & Peripherals Setup, etc, will be shipped in approximately 2 days.  Customers will receive phone calls or emails documenting the status of their order throughout programming and setup.  Customers may call us at any time to check the status of an existing order.

 

Custom Programming and Setup:  For all custom programming requests, including, but not limited to Menu Items, Inventory UPC Codes, and Coupons will be programmed remotely via internet access after you receive your hardware equipment.  Custom programming may take an additional 30 days for completion based upon the amount of items and complexity of the request.  Time frame estimates will be provided once the Buyer provides us with the list of items requested for programming

All Systems and equipment may be subject to Shipping Charges. 

We offer our customers the following additional shipping options subject to charge if quicker delivery is desired: Shipping addresses must be a business or residential address, we will not ship to a PO Box. 

� Domestic Orders (Excl. Alaska & Hawaii): UPS Ground (Free), UPS 3 Day Select, UPS 2 Day Air, UPS NextDay Air, Saturday Delivery not available in all areas.
� Orders to Alaska & Hawaii - UPS Free Ground Not Available: UPS 2 Day Air, UPS NextDay Air, and may be subject to a minimum of $20.00 additional charges that apply, a POS Agents LLC representative will contact you with details.
� Canada Orders: UPS Worldwide Expedited, UPS Worldwide Express, UPS Worldwide Express Plus, and are subject to a minimum of $20.00 additional charges that may apply, a POS Agents LLC representative will contact you with details. 
� International Orders: International Orders and Shipping - Please Call, or Email: info@todaypaysme.com 
Shipping Time: Orders placed on our site usually ship the same day unless a product is out of stock. Orders with Additional Services usually ship within 48 Hours unless additional programming is required.


TECHNICAL SERVICES AND SALES AGREEMENT

THIS AGREEMENT is made on __________ ___, 20___ 
BETWEEN 

1. [the Buyer] ___________________ of _________________________; and 
2. POS Agents LLC 
collectively referred to as the "Parties". RECITALS
3. The Buyer wishes to be provided with the Services (defined below) by the Service Provider and the Service Provider agrees to provide the Services to the Buyer on the terms and conditions of this Agreement. 

Key Terms
Services: The Service Provider shall provide the following services ("Services") to the Buyer in accordance with the terms and conditions of this Agreement:
All technical support that requires on-site labor and servicing. On-site labor is defined as a technician of POS Agents LLC servicing the Buyer�s point of sale system, including hardware and software, at the Buyer�s Business Location.
Delivery of the Services
Start date: The Service Provider shall commence the provision of the Services immediately upon the installation of any hardware and software.

Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least [18] years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least [18] years of age.

1. DISCLAIMER 
1.1 POS Agents LLC will only perform and provide computer services, repairs, and upgrades as requested by the customer. POS Agents LLC will conduct honest, reasonable, and considerate services. The goal is to provide the highest quality of service and support, but specific results cannot be guaranteed. 
1.2 Computer service/repairs are provided as a service. There may be circumstances under which your computer can not be repaired. It will have to be rebuilt or upgraded. (Examples: Age of PC, repair/replacement parts obsolete (memory chips, motherboards, etc.) 
1.3 The length of time required to service/repair your computer cannot be predicted. (See para 2.1 below) 
1.4 You understand that in the process of working on your computer equipment, there is a potential for data loss. You agree that you have made the necessary backups of your data so that, in the event of such loss, the data can be restored. POS Agents LLC will not be responsible for data loss. (See para 4.4 below) 
1.5 You authorize the technician(s) providing the service or repair to install anti-virus and any other necessary software on your computer to perform required services. All software will be deleted / uninstalled upon completion of the service. 

2. BILLING TERMS AND SERVICING OPTIONS
2.1 Computer services/repairs are billed as stated on the service order provided. As consideration for the provision of the Services by the Service Provider, the price for the provision of the Services is $150.00 per hour. 
2.2 An estimate of cost for work will be provided before performing computer services/repairs. Estimates are not guaranteed. 
2.3 In the case that there is an unforeseen deviation, beyond the above estimated amount, every effort will be made to contact you and inform you of the situation and receive authorization to continue or stop at the estimate limit. 
2.4 In the case that you cannot be reached, work will stop until contact is established. Once reached, your decision to continue or stop will be honored by POS Agents LLC.
2.5 All onsite technical servicing must be acknowledged by the buyer upon completion of the services provided by POS Agents LLC . If the buyer is not available at the time of completion, the buyer agrees that any employee of the buyer�s company can sign the acknowledgment on behalf of the buyer.
2.6 All onsite technical servicing is subject to a $50.00 dispatch fee per incident.
2.7 Premium Phone and Remote Assistance support is available at the rate of $50.00 per instance up to one half hour. Premium Phone and Remote Assistance must be scheduled and is provided directly by POS Agents LLC�s technical support team.
2.8 All customer support, unless otherwise noted, is handled directly through the software or hardware provider. 

3. PAYMENT TERMS 
3.1 Full payment is due upon completion of services, upgrades, or repairs.
3.2 Computer parts, hardware, or/and software that are ordered or special ordered must be paid in advance. 
3.3The Buyer agrees to pay the Price to the Service Provider on the date of servicing in a one time payment.
3.4 The Service Provider shall invoice the Buyer in person for the Services that it has provided to the Buyer on the Completion Date. 
3.5 The Buyer shall pay such invoices the date of servicing completion. 
3.6 The method of payment of the Price by the Buyer to the Service Provider shall be by: 
i. Check provided to the POS Agents LLC�s technician providing the service on the servicing completion date.
ii. United States cash provided to the POS Agents LLC�s technician providing the service on the servicing completion date.
Credit card payment on the servicing completion date.
Credit Card Type:
Credit Card Number:
Expiration Date:
SVC Code:
Billing Address:
iii. Merchant hereby grants POS Agents LLC permission to electronically debit the merchant�s business checking account provided below:
Bank Name:
Bank Account Type:
Bank Routing Number:
Bank Account Number:
3.7 All deposits are non-refundable.
3.8 Applicable sales tax will be applied to your final invoice. The Buyer is responsible for paying sales tax directly to their State if located outside of New York.
3.9 Payments:  We accept Master Card, Visa, Discover, and American Express Credit Cards. COD Certified Check, Third party Leasing is available.

4. LIABILITY 
4.1 Service(s) are provided in an effort to fix, upgrade, or otherwise repair the computer system(s) for which you request such service(s). 
4.2 Your system will not be intentionally harmed. The primary goal is to fix your computer, not damage it. 
4.3 In the case of accidental damage of data to your system or data loss caused by already existing problems in your system such as viruses, bad configured software, or hardware problems/failures -You agree to hold Today Pays LLC and any person(s) associated with POS Agents LLC or involved in the work being done for you harmless from damages resulting from such problems. 
4.4 It is your responsibility to backup your data. POS Agents LLC will not be responsible for data loss. (See para 1.4 above)
4.5 POS Agents LLC cannot be held liable for any PCI Compliance breach or claim. PCI Compliance is the sole responsibility of the Buyer. Anti-Virus and firewall software are a PCI requirement on every POS terminal (PC or POS Touch Screen) which runs an O/S which is susceptible to viruses, including but not limited to Windows XP, Windows 7, and Windows POS Ready. The Buyer agrees to indemnify and hold harmless POS Agents LLC, its vendors, officers, employees and agents from any claims brought against you as the result of compliance violations and/or card data security breaches.
4.6 Customer supplied hardware will not be serviced/supported by POS Agents LLC. The Buyer is aware that customer supplied hardware and software may cause adverse effects on the equipment and software supplied by POS Agents LLC and therefore will void any servicing or hardware agreements between the Buyer and POS Agents LLC. POS Agents LLC will not be held liable for any monetary or servicing lose that is occurred by adding customer supplied hardware. 

5. SUPPORT 
5.1 Customer satisfaction is our utmost importance. 
5.2 All services will be conducted in a professional, reasonable and timely manner. Also, taking into consideration the circumstances and nature of the technical problems. 

6. REPAIRS & SERVICE GURANTEE 
6.1 All services and repairs are guaranteed for 10 days from the completion / acceptance date on the Service Order. 
6.2 If later found that the service or repair was incorrectly diagnosed by the technician. Then POS Agents LLC will perform the repair/service free of any labor charge. Only the new parts will be charged. 

7. ESTIMATES 
7.1 Free Estimates. All repair/service estimates are free. 
7.2 A $25.00 Estimate Fee is charged after 30 minutes if the technician is not allowed to concentrate on the estimate for service. 
7.3 Customers are asked to not interrupt the technician as the evaluation and estimate are completed. Save all additional questions until after you receive the estimate. 
7.4 Answer only those questions that the technician may ask in order to properly evaluate your PCs problem.

8. RELATIONSHIP OF THE PARTIES
The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.

9. CONFIDENTIALITY
Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.

10. RETURNS
10.1 All software and hardware purchases are final unless both Parties agree on the return. A Technical Services Agreement Amendment must be signed by both Parties within 30 days of installation.  All POS Bundle Packages may qualify for an exchange of equal or greater value only.  Money back returns will not apply for POS Bundle Packages, including but not limited to E-Line, A-Series, and Z-Series POS Bundle Packages.  Any item that receives a promo price discount or any discount will not be eligible for a return.  All discounted item sales are final without any exception.
10.2 The buyer agrees to pay a 15% restocking fee for all returned hardware (see para 10.1 above) unless specified on Buyer's final invoice.
10.3 All software licenses and service agreements are nonrefundable upon activation and registration.  POS Software may be tested using a Demo or Trial period prior to activation.
10.4 Training and installation fees are nonrefundable and are billable in accordance within the this Technical Service Agreement.
10.5 Any discounts that were received will be deemed invalid and the remaining balance will be due immediately upon any agreed upon return in accordance with para 10.1.  For example, if a customer received a $50 discount or promo price on the order, the Buyer will be responsible to pay the total discount/promo fee.  In this example, $50 would be charged to the returned item. 
10.6 Any due balance including return and interest fees must be paid immediately upon return.
10.7 Items returned must first be issued a Return Merchandise Authorization (RMA) number. RMA numbers are valid for 5 days only. Please allow 2-4 weeks to process refunds and credit your account.
10.8 To receive credit, all products must (1) be returned in their original packaging, (2) include all manuals, cables, warranty cards, etc., 3) be clean, without scratches and resealed in a factory new condition. All products must be returned double boxed, with no markings or writing on the original box. If a product shows signs that the entire product and packaging was removed from its original box, a refund may be denied resulting in shipment of the product back to the customer. Freight charges are not refundable. Customer is responsible for shipping costs on returned items. If the returned item meets all the above requirements, it will be accepted and a restocking fee will be applied depending on the sale value of the returned items: 
10.9 Freight charges for all returns are not refundable. Customer is responsible for shipping costs on returned items.
10.10 DOA Policy: If a product arrives Dead On Arrival (DOA), contact us immediately or fill out the RMA request form. Please see manufacturer's warranties for manufacturer DOA polices. Full refunds are only given to non-functional products. Customer is responsible for shipping costs on returned items unless noted otherwise by POS Agents LLC.
10.11  Full Money Back/Exchange Return Program entitles the customer to the choice of 1 hardware exchange or full money back return within 30 days of the original purchase date.  By agreeing to an Exchange, the Buyer will forfeit their option for a Full Money Back return.  Software fees may be refunded for un-activated/un-registered software within 30 days.  All software licenses and support contracts that are activated cannot be returned in accordance with para 10.3. The Buyer is responsible for all shipping charges.  Exchanged equipment will not be shipped to the Buyer until existing equipment has been returned and has passed our inspection process.  Full Money Back/Exchange Program must be listed on the final purchasing invoice.
10.12  Any eligible returned/exchanged program will begin from the date of the original purchase without any exception.
10.13  All POS purchases that the Buyer requests POS Agents to perform custom programming, including but not limited to inventory and pricing lists, will be completed within the terms of this Technical Support Agreement.  All return/exchange programs, including but not limited to the Full Money Back/Exchange Return Policy, will be voided as soon as POS Agents begins the programming requested by the Buyer.

11. INSTALLATION
11.1 Installation is defined as any hardware and/or software that is received by the buyer.
11.2 The buyer must confirm installation of all hardware and software within three calendar days from the receipt of delivery with POS Agents LLC via fax, email, certified mail, or telephone. POS Agents LLC must provide receipt of the buyer�s confirmation within 30 calendar days via fax, email, or certified mail. 
11.3 The buyer agrees to pay a $50.00 daily surcharge for all equipment that has been received and has not been confirmed by the buyer within the terms of para 11.2. The aforementioned $50.00 charge will be collected by Today Pays LLC daily until the buyer confirms installation of all hardware and software in accordance with para 11.2. POS Agents LLC will charge the $50.00 daily surcharge for a maximum of 30 calendar days.
11.4 If the buyer does not confirm installation of any hardware and/or software within 30 days, POS Agents LLC will bill the buyer for the remaining balance due on any hardware and software in addition to the daily surcharge (see para 11.3) and all applicable technical support fees in agreement with this Technical Servicing Agreement.

12. COST OF COLLECTION AND ENFORCEMENT
12.1 POS Agents LLC reserves the right to report all outstanding balances to any credit bureau and may file a claim to any collection agency. 
12.2 Any individuals signing this Agreement on behalf of the parties represent and warrant that they have the power and authority to execute this Agreement and bind their respective parties. ANY INDIVIDUAL AGENT, OFFICER OR REPRESENTATIVE OF THE CUSTOMER THAT SIGNS OR VALIDATES THIS AGREEMENT ON BEHALF OF THE CUSTOMER MAKES A PERSONAL GUARANTY TO BE HELD JOINTLY AND SEVERALLY LIABLE FOR ANY BREACH OF THIS AGREEMENT BY THE CUSTOMER.
12.3 All past due payments in accordance with para 11.4 shall incur interest at the rate of one and one-half percent (1.5%) per month until payment is receive in full. Customer agrees to reimburse POS Agents LLC for all costs and expenses, including but not limited to, any attorney fees and costs of collection, incurred by POS Agents LLC in connection with the enforcement of this Agreement or any provision hereof.
12.4 If the buyer fails to pay the remaining due balance after 30 days in accordance with para 11.4 and 12.3, the buyer will be in default and the full balance shall immediately become due and payable.
12.5 All hardware and software that is rented to the buyer must be returned within 14 calendar days upon the request of POS Agents LLC.
12.6 POS Agents LLC is authorized to retrieve funds by charging any credit card, bank account, or merchant account associated with the Buyer's account.

12.7. POS Agents reserves the right to charge the Buyer up to $2,000 for any research time required to respond to any Buyer initiated financial dispute, including but not limited to, credit card disputes, financing agreement disputes, electronic funds transfer disputes, PayPal and eCommerce disputes.
13. MISCELLANEOUS 
13.1 The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. 
13.2 If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected. 
13.3 Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party. 
13.4 This Agreement may not be amended for any other reason without the prior written agreement of both Parties. 
13.5 This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
13.6 Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other. 
13.7 This Agreement shall be governed by the laws of the jurisdiction in which the Seller is located in Nassau County New York and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.
13.8.  POS Agents reserves the right to charge a $500 fee for any payment that is returned due to Insufficient Funds.  This fee includes, but is not limited to, bounced checks, insufficient funds, and chargeback disputes.
13.9  POS Agents reserves the right to request full payment prior to installation scheduling if the Buyer submits any check payment that is returned due to, but not limited to, insufficient funds.  POS Agents reserves the right to cancel any discounts if payment is made outside of the Invoice Validity date.  
13.10  POS Agents reserves the right to charge an additional fees including, but not limited to hardware, warranty, and PCI Compliance fees for any POS Systems and equipment orders that the Seller delays shipment to for over 6 months from the initial payment of an invoice.  

14. PRE-INSTALLATION REQUIREMENTS
14.1 The buyer is responsible to run a male CAT5 or Internet cable to each POS Station and Remote Printers (i.e. Kitchen and Bar Printers). If wiring cannot be completed by the Buyer POS Agents LLC offers onsite networking and wiring at an additional cost. If the aforementioned cables are not installed at the time of installation POS Agents LLC will charge a $350 fee per dropped cable. POS Agents LLC will not run any wire greater than ten feet because this is considered a professional installation and servicing fees will apply. In the event that I choose to use existing wiring, I am responsible for testing all preexisting wires for connectivity and proper functionality. POS Agents LLC will not be held liable for any faulting preexisting wiring, and will charge for servicing in accordance with the Onsite Technical Service agreement.
14.2 The Buyer must supply POS Agents LLC with a menu, store logo, modifiers, coupons, and any additional items that you want programmed into the POS. The Buyer agrees to not hold POS Agents LLC liable for any programming information that was not provided.
14.3 The Buyer is aware that all invoices include 2 hours of menu programming. Additional menu programming will be charged at a fee of $99 per hour. POS Agents LLC will provide an estimate of these costs prior to programming and these fees must be paid in full prior to programming.
14.4 POS Agents LLC will charge for all onsite services in accordance with the Technical Services Agreement.
14.5 The buyer is aware that all counters/stations must be properly prepared prior to POS installation, including all shelving, mounts, and wire holes. POS Agents LLC does not provide any construction services, including shelving, mounting, and drilling. The Buyer is entitled to a one time installation 1 hour per POS Station. Any additional installation service will be charged according to the Onsite Servicing Agreement.
14.6 The Buyer is responsible to provide adequate power surge protection for our equipment, and POS Agents LLC will not be held liable for any damages caused by faulty wiring or power surges even if they are provided by Today Pays LLC.
14.7 The Buyer will receive up to two hours of training via Remote System Access from POS Agents LLC or its vendors. Onsite training is available for an additional charge of $150 per hour. Additional Remote System Access and Phone Training is available at the additional charge of $50 per instance up to 30 minutes. The Buyer will have access to any training videos that is produced by POS Agents LLC.
14.8 Todays Pays LLC cannot be held responsible for any damages to products sold after the time of delivery or installation. POS Agents LLC recommends insuring all items under the Buyer�s insurance policy. POS Agents LLC cannot provide the Buyer with business insurance and cannot provide answers or advise on any insurance related claim or policy.