Terms & Conditions

These terms and conditions relate solely to the provision and hosting of a commercial website by Smart Epos to clients and are the only basis on which Smart Epos is prepared to provide such services. Any agreement covered by these terms and conditions is legally binding when requested by a Client submitting an online application for service to the relevant section or sections of Smart Epos and confirmed by Smart Epos providing the Client site to the client. Any such agreement does not require written confirmation or a signature.

1) DEFINITIONS

Conditions: These standard terms and conditions.

Smart Epos: Providing and hosting commercial websites

Smart Epos Site: The website associated with www.Smart Epos.co.uk.

Smart Epos Services: The provision and hosting of a commercial website together with such ancillary or supporting services which the client may from time to time opt for.

Client: The person, firm or company receiving Smart Epos services.

Client Site: The website provided and hosted by Smart Epos to the client.

Contract: Any agreement entered into between a Client and Smart Epos as set out above.

Basic Package Charge: The monthly basic rental for the selected Smart Epos package, which and is payable on the first day of each monthly service period.

Excess Bandwidth Charge: The charge made for traffic volume in excess of those included
in the selected basic package.

Excess Bandwidth Charge: The charge made for traffic volume in excess of those included
in the selected basic package.

Total Monthly Charge: The Basic Package Charge for a month plus any Excess Bandwidth
Charge for the previous month and any Charges that may be agreed..

Initial Term: Three months.

Renewed Term: Monthly period(s) subsequent to the Initial Term.

Initial Payment: The first payment made at the commencement of a contract consisting
of the Basic Package Charge for the selected Smart Epos package.

Monthly Payment: The payment made at the beginning of each Renewed Term covering the Total Monthly Charge for that period.

Payment Due Date: The date of the first monthly Basic Package Charge which is payable
before service can be commenced or on the first day of subsequent Renewed Terms.

Server: The computer servers used to provide the Smart Epos service.

Intellectual Property Rights: All intellectual property rights including without limit any and all
patents, design rights, database rights, copyright, moral rights, trade secrets, confidential
information, trademarks, service marks, trade names and goodwill.

2) ACCEPTANCE OF TERMS

The Conditions set out the terms on which Smart Epos is prepared to provide services, and by requesting or using the services the Client accepts this. All other terms and conditions are excluded to the fullest extent permitted by law. Smart Epos reserves the right to review and revise the Conditions from time to time without prior notice and, by using the services subsequent to any revision of these Conditions, the Client agrees to be bound by such changes.

3) REGISTRATION

Where appropriate, the Client agrees to provide such information as prompted by the Smart Epos registration form and to ensure that this is true, current, accurate and complete. If it is not true, current, accurate and complete then Smart Epos shall be entitled to terminate the Contract or suspend the Services until such time as Smart Epos determines.

4) SECURITY

The Client is responsible for the security and proper use of all user names, passwords, keywords, data and information associated with Smart Epos services and must take all necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorised persons. Smart Epos is not liable for any loss of confidentiality or for any damages arising from a failure to comply with these terms.

5) THE SERVICES

The Services shall be as described on the Smart Epos Site and such other material as Smart Epos provides to the Client from time to time. Smart Epos reserves the right at any time and from time to time to amend, extend, improve, correct or discontinue the Services (or any part thereof) with or without notice and the Client agrees that Smart Epos shall not be liable to the Client or to any third party for any loss arising from such modification, suspension or discontinuance. Smart Epos will restore the Service as soon as reasonably practicable after temporary suspension. Smart Epos shall use its reasonable endeavours to ensure that the Servers and the data contained therein are safeguarded from damage, accident, fire, theft and unauthorised use.

6) PRICE

The current price payable for the Services shall be published on the Smart Epos Site from time to time and confirmed at the time the Client requests Smart Epos to provide any of the Services. Smart Epos shall be entitled to vary its prices from time to time subject to one month’s notice of such increase. The Basic Package Charge price covers permitted bandwidth use and within the site section permitted campaigns as stated on the Site. If the Client exceeds the Bandwidth Limit then additional charges will be made in the following month in the form of an Excess Bandwidth Charge, Excess Traffic Charge and/or an Additional Campaign Charge, reflecting usage above the limit at the prevailing charge rate as stated on the Site. It is the Client’s responsibility to monitor the services being used by the Client from time to time. All prices quoted to the Client for the provision of services by Smart Epos are exclusive of any value added tax for which the Client may be additionally liable at the applicable rate. Where the Services are purchased with a monthly payment plan comprising a set up fee, this fee is payable immediately.

7) PAYMENT

The Initial Payment and subsequent Monthly Payments shall be paid by debit card or Standing Order by the Client on the Payment Due Date. The Client shall be responsible for any and all expenses incurred by Smart Epos in recovering overdue amounts. Interest will be charged on overdue invoices in accordance with the Late Payment (Interest) Act 1998. Failure to settle all amounts by the due date may result in withholding of further Services and/or suspension of existing Services.

8)TERMINATION

The minimum period for the provision of the Services is one month from the date on which they are first made available to the Client (the "Initial Term") and shall continue thereafter for further periods of one month (each being a "Renewed Term") unless and until the Client serves written notice to Smart Epos two weeks prior to the expiry of the Initial Term or a Renewed Term, such notice to expire at the end of such Initial or Renewed Term. Smart Epos reserves the right to terminate the agreement at any time without notice.

9) INDEMNITY

The Client agrees to fully indemnify and keep Smart Epos, its affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from the client’s breach of the contract, use or misuse of the services, any claims by third parties as to ownership or other rights arising in any way by the Client infringing third party rights (including without limit intellectual property rights).

10) DISCLAIMER

Nothing in the Contract or these Conditions shall exclude or limit the liability of Smart Epos for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers. No representations or warranties of any kind are made with respect to the Services, the Client Site or its contents including warranties of merchantability and fitness for a particular purpose. Smart Epos does not represent or warrant that:

(i) the Services will meet the Client’s requirements;
(ii) the Services will be uninterrupted, timely, secure, or error-free;
(iii) any results obtained from using the Services will be accurate, complete or current.

The client acknowledges that it is not within the control of Smart Epos how or for what purposes the Services are used.

11) CONFIDENTIALITY

All confidential information of either party or of any of its customers disclosed to or discovered by the other as a result of the provision of the Services shall be regarded as disclosed in confidence and shall only be used in connection with the performance of its obligations under the Contract and not be passed on to third party and/or in any way be made use of at any time either during or after the termination of the Contract. The Client shall promptly notify Smart Epos if it becomes aware of a breach of confidence in relation to the Services and/or the Contract and shall give Smart Epos all reasonable assistance in connection with any proceedings Smart Epos may institute against a third party at Smart Epos’s expense.

12) SETUP

If the client requires Smart Epos to assist in implementation of the system into the client's website, the client allows Smart Epos to do this at the clients own risk. Neither Smart Epos nor any of it's employees shall be responsible for any loss of data or revenue or damage to the client's site, or any other consequential damage. It is the client's responsibility to ensure that the Smart Epos implementation has had no adverse effects on the operation of the client's business. Incorrect or tardy implementation and failed reporting has no relevance to the status of your Smart Epos account and does not warrant refunds.

13) MISCELLANEOUS

Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver. Any notice or other communication to be given by a party under this Agreement must be in writing and must be given by delivery at or sending by first class post or by email or facsimile transmission to the last known postal, email address or relevant telecommunications number of the other party. Notices shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was dispatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee. The client’s use of this Site and the Contract will be governed by English Law. The Client shall not share, re-sell or attempt to share or re-sell the Services, transfer or attempt to transfer this Contract or permit any third party to use and/or access any of the Services for any purpose, without prior consent of Smart Epos.