These Point of Sale (POS) Support Terms and Conditions (hereinafter referred to as “Terms”) govern the provision of technical support services for the POS system (the “Services”) provided by OROCUBE LLC(hereinafter referred to as “Service Provider”) to the customer (hereinafter referred to as “Client”).
2. Scope of Services
2.1 The Services provided by the Service Provider include technical support for hardware and software related to the POS system purchased by the Client from the Service Provider.
2.2 The Service Provider will make best efforts to troubleshoot and resolve issues related to the POS system, including but not limited to hardware malfunctions, software errors, and general support inquiries.
2.3 The Service Provider reserves the right to determine the level of support provided, which may vary depending on the service plan chosen by the Client.
2.4 Support, if not specified, will be provided through the online ticketing system hosted in Zendesk. if the Client wants additional support like remote access or phone call, not included in the software package, it will require an additional support fee starting from $99 per hour.
3. Service Level Agreement
3.1 The Service Provider will make reasonable efforts to respond to support requests within the specified response time stated in the service agreement between the parties.
3.2 The Service Provider will strive to resolve support issues in a timely manner. However, the resolution time may vary depending on the complexity of the issue.
3.3 The Service Provider is not responsible for delays in resolution caused by factors beyond its control, including but not limited to third-party service providers or acts of nature.
3.4 The Service Provider is not responsible to provide any support due to any bug in the Operating system, Device Driver(s) and Run Time environment like Java, Android, Python etc.
3.5 To get remote access support, the service Provider is responsible to install Zoom in the selected computer.
3.6 The Service provider is not responsible for network configuration, TCP-IP, DNS, SMTP, web service, etc. and may not install any database other than the included Apache Derby database. Firewall, Tunneling, VPN, or proxy configuration is out of the scope of support.
4. Service Exclusions
4.1 The Service Provider shall not be responsible for providing support for issues arising from unauthorized modifications or alterations to the POS system by the Client or any third party.
4.2 The Service Provider will not be liable for any data loss or corruption that may occur during the course of providing support services. It is the Client’s responsibility to maintain regular data backups.
4.3 Support for third-party software or hardware not purchased from the Service Provider may be excluded from the Services, and additional charges may apply.
5. Service Fees and Payment
5.1 The Client agrees to pay the service fees according to the terms outlined in the service agreement between the parties.
5.2 Payment for the Services shall be made in advance or as per the payment schedule specified in the service agreement.
5.3 In the event of non-payment or delayed payment, the Service Provider may suspend or terminate the Services.
5.4 During the purchase of the license if Client selects the free self-installation option, he will be only eligible for helpdesk support for any questions.
5.5 Menu programming and any data configuration will require an additional charge.
6. Limitation of Liability
6.1 The Service Provider shall not be liable for any indirect, incidental, or consequential damages arising from the use of the POS system or the Services.
6.2 The client using ORO POS must have a database backup strategy in place before performing any updates or changes to their software.
6.3 The total liability of the Service Provider for any claims related to the Services, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Client for the Services during the previous three (3) months.
7.1 Either party may terminate the Services with written notice to the other party if the other party breaches any material provision of these Terms and fails to cure such breach within thirty (30) days of receiving written notice.
8. Governing Law and Jurisdiction
8.1 These Terms shall be governed by and construed in accordance with the laws of the USA.
8.2 Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the USA.
By availing of the POS support services, the Client agrees to be bound by these Terms and Conditions. The Service Provider reserves the right to amend these Terms from time to time, and any changes will be communicated to the Client in writing
Document ref: Support-Term-2.0.02/23/08