CLIENT ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT AND UNDERSTANDS AND AGREES TO ALL TERMS AND CONDITIONS STATED HEREIN.

The POS Geeks, LLC shall provide CLIENT (if applicable) the hardware, software, training and support as described below.

PAYMENT TERMS
We accept the following payment methods:
 

The POS Geeks, LLC agrees to sell you and you agree to buy from The POS Geeks, LLC products, services and software (the “Products”) as described and under the conditions shown in this Agreement. California State Law requires The POS Geeks, LLC to charge state sales tax to orders shipping to a California address. If the merchandise is financed, the finance company will pay a deposit of 50% of the quotes. The balance is due upon delivery. Financing amounts are approximate. Rates are subject to change.

LOCAL ON-SITE INSTALLATIONS: The POS Geeks, LLC payment terms are 50% deposit on estimated cost due before we begin and 50% due upon delivery and/or setup date. Payment in full of the price set forth below is due upon delivery of equipment. The POS Geeks, LLC incurs no obligation whatsoever under this Agreement until the price set forth is paid in full. The POS Geeks, LLC reserves the right to restrict CLIENT access to the POS system if full payment is not received. The merchandise listed on the quote shall remain the property of The POS Geeks, LLC until the complete purchase price of such order(s) is paid in full.

Should CLIENT or the finance company fail to fully compensate The POS Geeks, LLC in accordance with this Agreement, The POS Geeks, LLC is entitled to the immediate return of all merchandise in the possession of CLIENT and CLIENT shall forfeit the initial deposit as liquidated damages and not as a penalty.

OUT OF STATE/INTERNET PURCHASES: Out of State clients or internet purchasers via our website who purchase our products and services must pay 100% of their balance, due upon original purchase date.

SHIPPING (IF APPLICABLE)
The POS Geeks, LLC offers FREE shipping on all continental United States orders. Orders shipping outside the continental United States may require an additional shipping charge. A representative will contact you regarding any additional charges. Orders shipping outside the continental United States may be subject to brokerage fees, customs fees and local taxes. All fees are the responsibility of the CLIENT. These fees vary by region and are not collected by The POS Geeks, LLC. Please contact your local customs office for details.

Shipping address must be a residential or business address. We will not ship to a P.O. Box. CLIENT will be held responsible for all shipping charges for orders returned as "undeliverable" or "refused". The POS Geeks, LLC is not responsible for any damages incurred during shipping. It is solely the CLIENT’S responsibility to file a claim with carrier for reimbursement of damaged goods. CLIENT may be asked to sign a copy of the company’s carrier delivery manifest as acknowledgment of receipt of goods.

TERM
This Agreement will become effective upon Acceptance and continue for four (4) years (the “Initial Term”) unless terminated as set forth herein. Thereafter, this Agreement will be automatically renewed for successive four (4) year terms (each, a “Successive Term”) unless the CLIENT notifies The POS Geeks, LLC in writing of its intention not to renew this Agreement at least three (3) months prior to the commencement of a Successive Term.

If there is a business name change, CLIENT is responsible to relicense any software. This is made mandatory by the software vendors themselves. In case of a business name change, a new Agreement will be signed with The POS Geeks, LLC under the new business name. This Agreement is VOID if CLIENT changes the business name and The POS Geeks, LLC will no longer owe CLIENT any duties under this Agreement.

CLIENT will also sign a new Agreement if they change the physical location(s) of their business.

This Agreement is valid for thirty (30) days. Prices are subject to change if out of the thirty (30) day period.

The POS Geeks, LLC cannot be held liable for down time or lost revenue due to failure of the products to perform as required.

CLIENT is responsible for software review prior to purchase and will agree to abide by the software licensing agreements for any software purchased.

SECURITY AND VIRUSES
CLIENT acknowledges that the security and protection of the system and data, including protections against unauthorized access, is solely and entirely CLIENT’S responsibility. If the CLIENT’S system has persistent connections to the Internet, or processes credit or gift card transactions over the Internet, or otherwise has persistent connections to any network where there is potential to unauthorized access, CLIENT is solely responsible for security. CLIENT must secure and maintain virus and spyware protection software, which may include, but is not limited to firewalls, passwords, physical security, access control policies and the like. CLIENT acknowledges that, to be effective, virus protection and other security software require periodic updates, which CLIENT must obtain from CLIENT’S supplier or the manufacturer. The POS Geeks, LLC disclaims any warranty, express or implied, that, after the initial installation by The POS Geeks, LLC of the System, the CLIENT’S System or data will remain virus-free. Support or services necessitated by computer viruses, or by any failure or breach of CLIENT’S security to CLIENT’S System or data, including, without limitation, damage caused by hackers or persons lacking authorized access, are not covered under this Agreement and will be supplied only upon CLIENT’S request and on a reasonable efforts basis, on a time-and-materials basis.

CLIENT waives any claims hereunder against The POS Geeks, LLC, to the extent arising from CLIENT’S failure to have or maintain current virus or spyware protection, or to the extent arising as a result of a failure or breach of CLIENT’S security for its systems or data, or as a direct result of unauthorized access to CLIENT’S System by persons other than Seller’s personnel. CLIENT acknowledges that credit card providers, banks and credit card processing companies implement and require specific policies in conjunction with their cards and services. CLIENT shall be solely responsible for compliance with all policies, rules, regulations and procedures required by the credit card companies, banks and/or processors CLIENT elects to accept or utilize.

SETUP (IF APPLICABLE)
Once the setup date is set, CLIENT becomes bound to that date. If for any reason CLIENT has to reschedule the setup date, CLIENT must supply The POS Geeks, LLC seventy-two (72) hour notice in writing. CLIENT is responsible for the remaining balance of the Purchase Order upon the ORIGINAL setup date. This means CLIENT will pay the remaining fifty percent (50%) when The POS Geeks, LLC go on-site and before any setup or installation work begins. Rescheduling of the setup date will not postpone the date of payment, which will be the ORIGINAL setup date.

Setup of the Purchase Order will not commence until full payment is received from CLIENT. If for any reason CLIENT is not ready on setup date and The POS Geeks, LLC have come to the on-site location, CLIENT will be charged $500 as a penalty to reschedule setup date as well as travel expenses, which may vary depending upon location, traffic and fuel prices.

Upon completion, The POS Geeks, LLC will test the hardware/software to assure that it is functioning as intended and producing correct results. Any glitches in the hardware/software due to manufacturer defect must be dealt with between CLIENT and manufacturer. The manufacturer, at its discretion, may replace or repair the defective merchandise. This is solely the responsibility of CLIENT. There will be no refunds for software or hardware purchases from The POS Geeks, LLC. The POS Geeks, LLC are not responsible for any manufacturer defects or bugs.

CLIENT is responsible for dedicated electrical lines. All of our equipment installations require proper line conditioning. The POS Geeks, LLC will not terminate network wiring by utilizing wall mounts nor provide wall wire moldings. The POS Geeks, LLC may be contracted to perform this work at an additional cost to be billed separately.
A firm installation date for the POS System will be scheduled only after a 50% deposit is received or after a PO from leasing company is received for lease orders.

Setup is to happen during normal business hours (Monday - Friday 9:00 AM to 6:00 PM PST) unless other arrangements have been made.

TRAVEL (IF APPLICABLE)
Additional travel/shipping fees may apply for on-site system installation not within our coverage areas. CLIENT is responsible for all travel (including airfare, mileage and/or rental car, hotel room) if outside our normal installation areas. CLIENT may be asked to help locate lodging facility at a cost not to exceed $125 per night and meals during installation. CLIENT is responsible to pay for any cost incurred due to travel arrangements being changed at their request. CLIENT may at their option, substitute for these expenses, but The POS Geeks, LLC reserves the right to refuse or change any travel plans not consistent with The POS Geeks, LLC travel policy.

TRAINING (IF APPLICABLE)
Training and go live support is to happen during normal business hours (Monday - Friday 9:00 AM to 6:00 PM PST) unless other arrangements have been made. The POS Geeks, LLC may train one (1) individual designated as the System Administrator for an additional fee. Remote training is billed at a flat rate of $500 for three (3) hours. Additional training for a time lasting longer than three (3) hours, or for additional employees, managers or any other persons, will be billed at a rate of $150 per hour. The $500 fee for training is required to be paid in full before any training is to occur.

Once a date is set for training, CLIENT is bound by said date and time. Cancellation or rescheduling notices must be made at least seventy two (72) hours prior to the date set for training. If for any reason CLIENT is not available at the date and time specified and does not cancel or reschedule as outlined above, CLIENT will be not be refunded for the entire $500 training fee. High speed internet connection is required to conduct training and is the responsibility of CLIENT to have available on the date set for training.

HARDWARE (IF APPLICABLE)
The POS Geeks, LLC will supply all necessary Point of Sale hardware in new and working order. The POS Geeks, LLC reserves the right to refuse service on any hardware component that is not purchased from The POS Geeks, LLC. The POS Geeks, LLC are not responsible for physically damaged equipment or any outside influence.

For CLIENT'S utilizing existing hardware, additional setup and configuration charges may apply at a rate of $150 per hour.

SOFTWARE (IF APPLICABLE)
The POS Geeks, LLC will supply all necessary Point of Sale software in new and working order. The Software will include the developer’s manual, including correct procedures for the installation and use of the software. CLIENT must follow correct procedures as outlined in the software developer’s manual and/or training services provided by The POS Geeks, LLC.

The POS Geeks, LLC disclaims all implied warranties, including without limitation warranties of merchantability, performance or fitness for a particular purpose. The POS Geeks, LLC will not be liable for any bug, error, omission, defect, deficiency or nonconformity in any software. As a result, the software is sold “as is” and the CLIENT assumes the entire risk as to its quality and performance. The POS Geeks, LLC are not responsible for user error, physically damaged equipment, or any outside influence. Training from The POS Geeks, LLC is highly recommended to avoid such user error. Any defects or bugs in the software should immediately be brought to the attention of The POS Geeks, LLC.

Software upgrades/installation of additional back office workstations are billed at $150 per station plus any additional upgrade/license fees that may be required by the software vendor which develops the software.

WARRANTY (IF APPLICABLE)
The hardware listed on attached order(s) will be delivered in new, working condition and carries a minimum of one (1) year limited manufacturer warranty.

The warranty does not extend to and shall not apply to:
 

To maintain warranty, no one other than The POS Geeks, LLC shall perform maintenance, modifications or alterations upon said system(s), except when authorized by The POS Geeks, LLC in writing. The burden of proof of warranty rests solely with the CLIENT. Suitable proof of purchase (i.e. a copy of the original invoice, bill of sale, or other form of acceptable receipt) must accompany all products being returned or requiring repair. The POS Geeks, LLC is selling the products to you “as-is”. You acknowledge The POS Geeks, LLC does not manufacture the products. The POS Geeks, LLC has not made and does not make any warranties or representation whatsoever, either expressed or implied, including any warranty of merchantability or fitness for a particular purpose. However, the manufactures of the products do provide a warranty, which The POS Geeks, LLC encourages you to read carefully.

The POS Geeks, LLC does not warrant that the software/hardware will be uninterrupted or error free or that all software/hardware errors will be corrected. In no event shall The POS Geeks, LLC liability exceed the purchase price of the hardware or software.

SUPPORT (IF APPLICABLE)
The POS Geeks, LLC will provide one (1) year of FREE software, telephone, email & remote access support (High-speed internet access connection is required) during normal business hours after date of implementation. The one (1) year clock starts when installation and/or deliver of the equipment is complete. Subsequent charges for remote support calls are billed at $40 per incident or FREE if you process your credit cards with our partner merchant Mercury Payment Systems during normal business hours. The POS Geeks, LLC is available twenty four (24) hours a day, seven (7) days a week and three hundred sixty five (365) days a year; however additional fees will apply for after hour emergency or on-site support. Additional fuel surcharges will apply for on-site support. A credit card is required to be on file with The POS Geeks, LLC for ongoing support. Optional annual support packages are available upon request. Normal business hours are Monday - Friday 9:00 AM to 6:00 PM PST, excluding the following holidays: New Year’s Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and Christmas Day. Additionally, hours may be limited on other national holidays and/or days preceding or following certain holidays.

The POS Geeks, LLC will support and maintain the Point of Sale (POS) software according to the software developers support policy. Additional fees will apply for out of scope support. Support is limited to Point of Sale (POS) software related issues ONLY. Additional fees may apply for complex menu programming and floor layout and/or to resolve Windows related or other software, virus/spyware removal or other non-Point of Sale related issues.

Explained below is a detailed breakdown of what services are included in our regular support. If CLIENT requires additional services beyond what is stated within this Agreement, The POS Geeks, LLC will be pleased to fulfill these requests for additional services fees.
 

Additional/Billable services are follows:
 

CLIENT is responsible for a DSL or T1 cable line for support and credit card authorization. The POS Geeks, LLC cannot provide remote support if CLIENT does not have a dedicated line for this purpose.

The POS Geeks, LLC provides anti-virus software and firewall protection on system installations, unless specifically requested not to do so by CLEINT in writing. Even with this protection, The POS Geeks, LLC cannot guarantee to stop or eliminate software viruses or worms. If a virus or worm does contaminate your POS system, after the initial installation, CLIENT will be charged by The POS Geeks, LLC for a complete system reload to remove the virus or worm.

LATE FEES
In the event any account becomes delinquent in excess of thirty (30) days of the due date of payment, an amount of not less than 1.5% of the outstanding balance shall be added to said balance as a finance charge. This shall continue and shall be levied for each thirty-day period following the anniversary of the due date, until the account is settled in full.

DATA SECURITY AND PROTECTION
It is the responsibility of the CLIENT to ensure that all of its data files are adequately duplicated, protected and documented. The POS Geeks, LLC will not be responsible for the cost of reconstructing data, files, tapes, memories, etc., lost during the course of performance relating to setup, start-up and on-going support of product.
 

WORK APPROACH
CLIENT shall call the 1.877 number designated by The POS Geeks, LLC for support. CLIENT agrees that The POS Geeks, LLC is not responsible for return calls delayed by circumstances beyond The POS Geeks, LLC reasonable control.

CLIENT must be available on-site, at the time of the call, to assist The POS Geeks, LLC in problem diagnosis. CLIENT must provide The POS Geeks, LLC access to and use of all computer programs and computers as required by The POS Geeks, LLC to fulfill its obligations under this Agreement. The POS Geeks, LLC shall bear no responsibility or liability for service delays caused by CLIENT’s failure to satisfy such obligations in a timely manner. The POS Geeks, LLC utilizes remote software by LogMeIn. Support will be terminated if CLIENT tampers or removes LogMeIn access to The POS Geeks, LLC. The POS Geeks, LLC shall provide CLIENT two (2) weeks of courtesy how-to questions support. Additional fees will be applied for out of scope services/support.

Regular Support (Response Time: 30 Minutes) †
(M-F 9:00 AM TO 6:00 PM PST)
Dial: 1.877.987.4335 x 704

Emergency Support (Response Time: 1 Hour) †
(M-F AFTER 6:00 PM PST, WEEKENDS & HOLIDAYS)
Dial: 1.877.987.4335 x 705

† Requires credit card on file with The POS Geeks, LLC. Our call center will not route your issue to a technician to return your call if the credit card authorization form is not on file. CLIENT bears full responsibility to provide current and accurate credit card information.

MENU/FLOOR LAYOUT CHANGES (IF APPLICABLE)
CLIENT acknowledges that additional fees will apply for menu/floor layout changes. The POS Geeks, LLC will provide menu/floor layout changes for two (2) weeks after date of implementation at no additional cost for finalization purposes. The POS Geeks, LLC shall not be held liable for any menu/floor layout discrepancies. CLIENT is encouraged to verify its integrity.

LICENSE
The POS Geeks, LLC grants the CLIENT a non-exclusive license to use the Point of Sale software, hereafter referred to as the “Software” in a single network installation. A network is defined as any continuously connected group of computers on one cabling scheme without hardware or software bridges. The POS Geeks, LLC retains title to and ownership of this copy and all backup copies of the software for backup. CLIENT may not copy the User’s or References Manual, make alternations or modifications to the software or attempt to discover the source code of the software. The software may not be sublicensed, rented or leased. Both the license and your right to use the software may be terminated automatically if you violate any part of this Agreement. In the event of termination, you must immediately destroy all copies of the software or return them to The POS Geeks, LLC.

NON-DISCLOSURE
All documentation, software and proprietary information regarding the software are the sole property of The POS Geeks, LLC and may not be disclosed to any party in whole or in part. CLIENT agrees not to disclose any information about the software to any third party for the purpose of development, reverse-engineering or duplication. CLIENT agrees that any disclosure or proprietary information is cause for immediate termination of this Agreement.

Any materials provided by The POS Geeks, LLC including documentation, software and activation key may not be copied, transferred or distributed to any third party without the express written consent of The POS Geeks, LLC. Disclosure of the enclosed training materials is explicitly intended for persons acting in a supporting or operational capacity for the aforementioned installation. Any other disclose to a third party is a violation of the terms of use. Any violation of this Agreement will result in termination of your software license.

PRIVACY LAWS
CLIENT acknowledges that the software is capable of storing limited customer information and CLIENT is therefore responsible for complying with all local, state and federal privacy laws regarding the disclosure of such use of the system. CLIENT shall hold harmless The POS Geeks, LLC against any claims resulting from noncompliance of privacy disclosure laws.

ENTIRE AGREEMENT
This instrument represents the entire Agreement between The POS Geeks, LLC and CLIENT with regard to the subject matter expressly referenced herein. This Agreement may not be modified or altered except by written instrument duly executed by both parties. This Agreement may be supplemented, amended, or modified only by mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by both parties.

All prior representations by any employee or agent of The POS Geeks, LLC or CLIENT with regard to the subject matter of this Agreement are superseded by this Agreement. CLIENT represents and warrants that it has not relied on any representation of any employee or agent of The POS Geeks, LLC except as that which is set forth in this Agreement. All sales are final. Prices and services are subject to change without notice. All deposits are non-refundable. These conditions specified above will automatically apply to any additional quotes signed by CLIENT.

All cancellations are subject to a 20% restock fee to any and all purchases prior to system configuration.

All additional professional services beyond the scope of this Agreement shall be billed at The POS Geeks, LLC prevailing rates. Fees and services are subject to change without notice.

ACCURACY
While we make our best effort to keep the information 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 CLIENT to inform them of the changes. All information is believed to be accurate, but is not guaranteed.

ATTORNEYS' FEES AND COSTS
Any disputes arising out of this Agreement shall be brought in a court of competent jurisdiction and governed and enforced by the laws of the State of California. Should suit be brought pursuant to the terms and conditions of this Agreement, the prevailing party shall be entitled to the recovery of reasonable costs and attorney's fees at all levels.