THIS TECHNICAL SUPPORT AGREEMENT (“Agreement”) and Hardware Warranty is made on aforementioned Date by and between POS Retail Software LLC, DBA POS Nation ("Service Provider"), with offices located at 3021-B Griffith St. Charlotte, NC 28203 and ("Customer").
By accepting this Agreement and Hardware Warranty and subject to the terms and conditions of this Agreement, including those terms and conditions that are set forth on the website located at: https://posnation.com/terms and https://posnation.com/terms/hardware-warranty which are incorporated herein by reference, Service Provider agrees to provide certain technical support services ("Services") (collectively, “Technical Support”) to the Customer in connection with the Customer's use of authorized versions of specific software for which Service Provider is prepared to provide support for new or existing POS Nation POS Systems (“Supported System”).
The term of coverage for Technical Support begins on the date listed atop of the initial signed purchase invoice. Standard Support expires on ninety (90) days from the date of the invoice.
Unless Customer or Service Provider provides written notification to the other party, Monthly Support shall automatically renew each month. Customer may cancel Technical Support Agreement at any time with a 30-day notice. All cancellation requests should be sent via email to: customercare@posnation.com
POS Nation will provide Technical Support on the (i) POS Software application (“Software”), the (ii) original operating system installed at the time of initial configuration, and (iii) all POS hardware sold by and configured by Service Provider.
Service Provider will establish and maintain organization and process to provide assistance with the Supported System to Customer. Upon notification by Customer, assistance shall include (i) diagnosis of the deficiencies of the Supported System and (ii) a resolution of the deficiencies of the Supported System. Service Provider will use its best efforts to cure, as described below, reported and reproducible errors in the Supported System. Service Provider does not guarantee resolution of identified deficiencies. Service Provider requires reasonable time to resolve any identified deficiencies.
Standard Care
Only available with a full POS system purchase. Break-fix technical support will be provided to customers with Standard Support between the hours of 8AM to 8PM EST Monday through Friday. Training sessions, inventory import services, and third-party credit card integrations services are not included in this package and additional charges will apply.
Monthly Support
May be purchased at any time. Monthly Support includes 24/7 break-fix technical support along, unlimited remote training sessions during business hours, and a one-time Inventory Import service. Inventory Imports require Customer to complete Excel template provider by Service Provider with items to import. Extended training session times are available and scheduled by Customer Care on a first-come, first-serve basis. Customer may only schedule two appointments at a time. Per Location Pricing. Setup fees will apply if Customer chooses to activate Monthly Support 90 days after purchase. Monthly Support is effective from the commencement date and shall continue for one calendar month. Thereafter, this Agreement shall automatically be renewed at the then current rates for successive one (1) month periods unless terminated sooner by either party on no less than thirty (30) days prior written notice to the other party. The prices, terms and conditions for such successive term(s) shall be those in effect at the time of renewal and are subject to change at the Service Providers sole discretion. All Monthly Support charges shall be billed for one month in advance. Monthly Support will be canceled upon failure of payment. Monthly Support may not be purchased and cancelled on the same calendar day.
While this agreement is active the Customer may obtain Technical Support in the following ways:
(i) Phone support with Tech analyst by calling: 704.405.5089 or 877.727.3548, Option 3
(ii) Online Knowledge Base visit: https://posnation.com/support-services which is generally available 24 hours a day
(iii) For Monthly Support Customers contact Customer Care (877.727.3548, Option 2) to schedule a training session, typically one business day in advance.
(iv) If Customer does not have a support plan with 24/7 benefits prior to an after-hours technical issue access to support is not guaranteed and setup fees may apply.
Upon notification of an outstanding technical issue the following process is assigned to Service Provider. All reported issues begin with a Level 1 Technical Analyst diagnosis. In order to best serve the most urgent needs first, the Service Provider utilizes the following two (2) priority levels to allow Customer to categorize reported issues:
(i) Regular Issue - Regular Issues include, but are not limited to hardware malfunction or not working as intended or designed, software application or operating system defects, network connectivity breakdowns, and/or minor glitches in typical system processes. As soon as possible after first notification of the issue a Level 1 Technical Analyst will investigate the issue over the phone with the Customer. Should a resolution not be discovered upon the first investigation the Level 1 Analyst will escalate the issue to Level 2. Level 2 Technical Support will review the contents of the escalation ticket and call the Customer at first availability of the appropriate Technical Analyst to pursue a resolution.
(ii) Complete System Down (CSD) - CSD’s are defined as the inability to take payment due to a technical malfunction, or complete computer failure (i.e., blue screen, hard drive failure, RAM corruption). In the event of a CSD, the Customer will be labeled “priority” in the ticketing system and handled as first priority.
Not all calls can be resolved while the technician is on the phone. Not all issues can be resolved in one support session. Until the ticket is deemed closed, at the professional discretion of the Technical Analyst, Service Provider will continue to support unresolved issues until resolution or until the expiration of the support agreement. Some calls require testing and/or assistance from our programming department or the software manufacturer to resolve. Service Provider will keep the Customer updated as to the status of the open call if the problem cannot be resolved while on the phone with the technician. Service Provider does not guarantee resolution of all issues. Service Provider requires reasonable time to resolve any identified issues. Unresolved issues do not constitute grounds for a return or refund.
Service Provider retains a list of hardware and software purchased from Service Provider (“Covered Assets”) available for support under this agreement. Covered Assets include all hardware and Software sold to Customer by Service Provider. Only Covered Assets will be able to receive support. Existing unsupported POS systems are excluded from benefits outlined in this agreement. Should items be added after the initial purchase and while this agreement is active, it shall not alter the expiration date of the support agreement.
Service Provider retains the right to amend the Agreement at its sole discretion.
Refunds are not issued for unused technical support plans.
Service Provider does not teach accounting or accounting principles. If applicable, it is recommended that the person(s) who will be operating your accounting software be at minimum, familiar with the basics of bookkeeping. Service Provider does not issue opinions on accounting rules, principles or transactions. Contact your C.P.A. for any questions concerning these matters.
The person signing this contract should state the name of the person(s) who will be the designated contact(s) at the time this agreement is signed. The designated contact within the undersigned company or organization may be changed if necessary.
This Technical Support Agreement does not include Software upgrades.
Technical Support for custom programming provided by Service Provider is included under this agreement and is subject to the standard rules and limitations as stated herein.
Customer represents and warrants to Service Provider that it:
(i) Is engaged in a lawful business enterprise;
(ii) Can form legally binding contracts and is authorized to enter into this Technical Support Agreement; and
(iii) Is in compliance with all applicable laws appropriate to its location of business and nature of work.
Customer acknowledges that it is the sole responsibility of the Customer, at all times, including specifically during all service functions performed by Service Provider pursuant to this Agreement and undertaken on the Customer 's local installation of the supported software, to protect and maintain an up-to-date and restorable backup of any and all databases , files, utilities, software and other systems which Service Provider's staff may directly access or in connection with which Service Provider 's staff may offer advice.
(i) A high-speed internet connection is required at all times to receive support.
(ii) DO NOT delete or modify any Covered Asset’s operating system, Windows user accounts or Windows user accounts configuration. VIOLATION OF THESE REQUIREMENTS MAY VOID SUPPORT.
Service Provider retains the right to revoke service and/or support in whole or in part in the event of a Customer's account becoming overdue and/or Customer(s) or additional contacts required to render service, becomes overly angry, belligerent, rude, and/or uncooperative with Service Provider.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, SERVICE PROVIDER DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUPPORTED SOFTWARE AND THE SERVICES PROVIDED HEREUNDER, INCLUDING PROMISES, REPRESENTATIONS AND WARRANTIES AS TO CONDITION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY OF INFORMATION CONTENT OR SYSTEM INTEGRATION. Service Provider makes no warranty that (i) its advice is error free and (ii) that the Software is free of defects or is suitable for any particular purpose. In no event shall the Service Provider be responsible for loss or damages arising from the installation or use of the Software, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
Service Provider disclaims all liability whatsoever to the Customer or any other party for any act or omission that may result in consequential, indirect, incidental, special or such other damages including but not limited to, any damage for lost profits, loss of data or loss of business, even if Service Provider has been advised of the possibility of such damages. In no event shall the liability Service Provider to the Customer for any claim whatsoever related to this Agreement exceed the total amount of Support Fees paid for the Services that gave rise to the claim within the calendar year during which the claim arose.
Upon termination of this Agreement, Service Provider shall have no further obligation to provide any Services hereunder to Customer. Upon termination, there will be no refund provided to Customer, and all outstanding fees owed by Customer shall become immediately due and payable. Termination of this Agreement shall not affect any obligation owed by one party to the other party that has accrued prior to such termination.
THIS AGREEMENT AND ANY ATTENDANT STATEMENT OF WORK SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. BY SIGNING THIS AGREEMENT, CUSTOMER AGREES TO SUBMIT ANY DISPUTE ARISING HEREUNDER TO THE EXCLUSIVE JURISDICTION OF THE MECKLENBURG COUNTY SUPERIOR OR DISTRICT COURTS LOCATED IN CHARLOTTE, NORTH CAROLINA. CUSTOMER FURTHER SUBMITS TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVES THE RIGHT TO CHANGE VENUE TO ANY OTHER JURISDICTION.
Except for the payment of any fees due and payable under this Agreement, neither party's delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party.
Customer shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. Customer agrees that this Technical Support Agreement may be assigned by Service Provider, in Service Provider's sole discretion.
The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
Both the Customer and the Service Provider agree that while this Agreement is in force and for a period of twelve (12) months thereafter, they shall not directly or indirectly solicit or offer employment to any of the other’s officers, employees, third party contractors and associates who have been involved in or associated with this Agreement without the other’s prior written consent.
Except as explicitly stated otherwise, any notification or written communication required by or contemplated under the terms of this Agreement shall be made in writing or through electronic mail and shall be deemed to be delivered.
This Remote Access Agreement (the “Agreement”) is made between POS Retail Software LLC d/b/a POS Nation (the “Company”) and the customer seeking technical support from POS Nation (the “Customer”).
WHEREAS, the Company sells and services point of sale systems;
WHEREAS, the Customer is a user of the Company’s point of sale systems;
WHEREAS, the Customer desires that certain persons to have remote access to its point of sale system (“POS System”); and WHEREAS, the Company is willing to grant remote access to such persons for the benefit of Customer in accordance with this Agreement;
NOW, THEREFORE, in consideration of the foregoing and of the covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
POS Nation
3021-B Griffith St.
Charlotte, NC 28203
All notices and communications given hereunder shall be effective and deemed given, if mailed, on the date of receipt, as evidenced by the acknowledgment of receipt issued with respect thereto by the applicable postal authorities and, if delivered by overnight courier, on the date of receipt, as evidenced by the signed acknowledgment of receipt of the person to whom such notice or communication shall have been addressed, as applicable.
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the day and year first above written.