Please read the following Terms and Conditions carefully.
The purchase and/or use of our PRODUCTS and/or SERVICES implies that you have read and accepted these Terms and Conditions.
- Terms of “POS Services” Provider to Froyoworld
- 1) The PRODUCTS & SERVICES we Offer
- 2) Shipping & Delivery
- 3) Free Shipping
- 4) Payment Method & Important Notice
- 5) Order Processing
- 6) Privacy & Security Policy
- 7) Refund-Exchange-Cancellation Policy
- 8) Limited Warranty
- 9) Extended Warranty
- 10) Rapid Replacement Warranty
- 11) Technical Support
- 12) Internet Usage Policy
- 13) Software License & Database
- 14) Ownership
- 15) Third Party Purchase
- 16) Products & Services Quote Time Limitations
- 17) Indemnity
- 18) General
- 19) Merchant Account Policy
- 20) Software & Operating System
- 21) Third-Parties Services
- 22) Governing Law and Jurisdiction
- 23) Cancellation & Other Fees
- 24) Waivers & Exclusions
- 25) Alternate Use – Buy Back Point of Sale (POS) Program
- 26) Additional Terms & Conditions
- 27) Change in Terms & Conditions
Terms of “POS Services” Provider to FroyoworldFroyoWorld and Sintel Systems have created a mutually beneficial relationship that delivers franchise-level products and services to each and every FroyoWorld. Your choice of FroyoWorld allows you to gain from the efficiencies we have created by being the exclusive POS provider of FroyoWorld. Sintel Systems is the exclusive and designated point of sale (POS) provider for FroyoWorld. As FroyoWorld’s POS provider you will enjoy many franchise-level services. Sintel Systems will provide you the same service and products we provide each existing and future FroyoWorld under the following discounted (FGOP) franchise-level POS service and products:
• Dedicated Service & Support (must renew annually)
• Software/Database licensing rights (included in annual service & support plan)
• Gift Card Orders
• Subsidized Service & Support Plan
• Discounted Equipment
• Discounts on Supplies and Other Merchandise
• Multi-Location Gift Card Processing (MLGCP currently FlexGift)
• Merchant Account Processing (US and applicable international locations)
The term “POS Service Provider” is inclusive of the following items (1) POS system and accessories, (2) Gift Cards (3) Support, Service, and Training “Support Plan” including software/database rights, (4) Merchant Account processing services (USA and applicable international locations), and (5) Multi-Location Gift Card Processing (MLGCP currently FlexGift) card program. Sintel Systems agrees to be FroyoWorlds’ provider of these services and goods.
The responsibilities of Sintel Systems is to provide a minimum of two-terminal point-of-sale (POS) system to every FroyoWorld licensee, franchisee, or any other entity utilizing the FroyoWorld name and authorized by FroyoWorld LLC , successor, or beneficiary. Sintel Systems is also responsible to maintain Head-Quarters Back Office networking and ample supply of gift cards to offer any FroyoWorld gift cards and shipping the order the same day if the order is placed and paid before 13:00 Eastern standard time. Overnight orders will require additional expedited charges. Sintel Systems, through its affiliates (currently United Merchant Services (UMS)) is also responsible for providing each Froyoworld with integrated merchant account services in the USA and applicable international locations. Integrated is defined as merchant account services not needing a stand-alone terminal and integrated into the POS system unless government, regulatory, or agency requirements change outside the control of Sintel Systems.
Sintel Systems will also maintain a website solely dedicated to Froyoworld for all past, current, and future FroyoWorld locations at www.FroyoworldPOS.com. By providing the necessary components of the defined “POS Service Provider” Sintel Systems agrees to be FroyoWorld’s exclusive POS provider for all existing and future locations. Sintel Systems agrees to provide the support, service, and training and all components of the “POS Service Provider” to all existing and future locations for the life of the operation. Sintel Systems will have the necessary staff to provide services to all existing locations and will expand its capacity as needed to meet the demand of all future Froyoworld locations.
Through this exclusively agreement, Froyoworld earns many advantages and savings which are directly connected to a standard and efficient process. Each new Froyoworld location is required without exception to purchase a complete 2-terminal Froyoworld POS package. The use of any previously used POS system is strictly prohibited. The new franchisee, licensee, or any other entity utilizing the Froyoworld name may not utilize any other POS systems including, but not limited to a used POS system from an existing or previous Froyoworld regardless of ownership relationship between the new and old location. The only exemption may apply if and only if a location and same exact owner move due to underperformance or forced lease termination (including landlord force, destruction of property, excessive rent increases), or natural disaster.
Each FroyoWorld is to start the process of obtaining their POS systems by contacting Sintel Systems at 972-POS-TECH and to inform Sintel Systems of their planned location and timeline. Each FroyoWorld is also to visit www.FroyoWorldPOS.com review all the information/terms and complete the “New FroyoWorld Store Registration” form available on the website which includes all the needed information to commence the process of obtaining the required components of the “POS Service Provider” and provides the complete terms of this agreement in electronic format. Alternatively Sintel Systems can also assist any customer complete the form over the phone.
Every FroyoWorld is to contact Sintel Systems and obtain all the necessary initial set up and follow up training as to be able to fully utilize all the needed functions of the POS system. Any and all technical questions and needs should be directed to Sintel Systems. Any issues with malfunctions or warranty related issued should be directed to Sintel Systems. It is the responsibility of each FroyoWorld to utilize a battery backup and surge protector to protect the POS system. Sintel Systems will provide all “POS Service Components” to every FroyoWorld and every FroyoWolrd is to obtain and maintain every part of the “POS Service Components” from Sintel Systems. This includes submitting POS equipment to Sintel Systems for warranty work, maintaining the required annual support plan, maintaining the MLGCP which allows 1) gift cards issued at any FroyoWorld to be used at applicable FroyoWorld locations and 2) store the data remotely, and maintain merchant account services provided by Sintel Systems and our merchant account provider. International locations (including US territories) may be exempt from the need to obtain merchant account services through Sintel Systems, but this does not waive or alter any other part of this agreement. Maintaining the support and service plan for two (2) or more terminals and franchise-wide support continuously is required and allows for service, support, training, and software upgrades to keep each FroyoWorld up to date with the entire franchise. Non-renewal and refusal to renew the plan for two (2) or more terminals and franchise-wide is a breach of this agreement (including Paragraph 11 & 13 below) and subject to the recovery of all FGOP related subsidies provided by Sintel Systems to the customer and all other remedies afforded in this contract. Maintaining the merchant account service allows for efficient franchise wide uniformity, higher level of service, and cost savings to the entire franchise network. In international locations, countries, and provinces which Sintel Systems does not maintain a merchant account network, the customer may obtain merchant account services independently without breaching this agreement. Once Sintel Systems establishes a network, all future locations must obtain merchant account services through Sintel Systems. Terminating the merchant account or MLGCP is a breach of contract unless due to permanent closure of the store. Termination of merchant account or MLGCP without closure of store is subject to a $7 per day fee. Termination is defined as the using the integrated and dedicated merchant account processing for any and all transactions requiring merchant account services including all charge cards (credit cards, debit cards, etc.). The use of other merchant account services for any portion of any transaction is considered breach of this agreement.
Each FroyoWorld must maintain an internet and a network connection to the central corporate offices of FroyoWorld for the flow of needed information. Disabling, disconnecting, tampering or in any way deliberately denying Sintel Systems access to the POS system is a violation and breach of this agreement. The fees and damages associated with deliberately denying Sintel Systems access to the POS system is further described in section 13 (Software License & Database) of this document.
Change in Ownership or Transfer: The existing owner(s) must notify any new owner(s) that Sintel Systems is the exclusive POS provider to Froyoworld. The new owner(s) must transfer ownership of POS system, merchant account, and MLGCP to their name (personal, company, entity, etc.). The new owner(s) must purchase a 12-month technical support plan regardless of the duration of technical support remaining with the previous owner. Previous technical support plans are not transferable. Failure by exiting owner to notify new owner will not relinquish the new owner(s) responsibilities under this agreement. The new owner(s) must retain Sintel Systems as the exclusive POS provider for all POS related goods and services including, but not limited to merchant account services, MLGCP, and technical support. A failure to follow the procedure of transfer will result in the following: 1) A $10 per day and per party fee starting 10 days from change of ownership and non-payment or agreement for technical support. The $10 per day fee is due from the new owner ($10) and from previous owner ($10) for a total of $20 daily fee total. 2) If transaction activity (POS, merchant account, and MLGCP) is stopped due to the change in ownership, a $7 per day and per party fee starting 10 days from change of ownership and non-payment or agreement for technical support. The $7 per day fee is due from the new owner ($7) and from previous owner ($7) for a total of $14 daily fee total. 3) Under the software license and database agreement the software license and database will be considered expired upon ownership change and non-activation of new technical support plan by new owner(s). Sintel System reserves the right to recall, disable, or unregister the licenses and database at any time if the procedures of obtaining technical support and merchant account/MLGCP are not followed. Recalling, disabling, or unregistering will not relinquish the new owner from its obligation to purchase the technical support, use merchant account services & MLGCP through Sintel Systems. If the license or data base expire and/or are recalled, disabled, unregistered after the non-renewal and non-payment of technical support, all outstanding balances including fees set forth in this agreement must be paid for reactivation. Under no circumstances will software license(s) or database be reactivated without prior and full payment.
Use of POS system: The POS systems and associated merchant account and MLGCP must be used for all transactions at the store regardless of any factor or ownership change. Ceasing the use of merchant account services or the use of such services through any other party is direct violation of this agreement and subject to damages.
By accepting payment and delivering “POS Service Components” to purchaser, Sintel Systems agrees to the above and below terms. By purchasing a POS system from Sintel Systems, the purchaser agrees to the terms set above and below.
1) The PRODUCTS & SERVICES we Offer“Sintel Systems POS” offers POS systems including associated products and services.
International Customer: All taxes, fees, customs, brokers fees, and any other charges imposed by foreign government and states is the sole responsibility of the purchaser. Sintel Systems does not charge or withhold any taxes, fees, customs, broker fees, and any other charges imposed. Sintel Systems will package and ship the ordered equipment with a customs declaration page and invoice enclosed in the package to the international address provided by the purchaser. It is the customer’s responsibility to understand all local governing laws and regulations regarding the import of items purchased Sintel Systems. The purchaser may have to hire a customs broker and pay all associated fees to clear the products from the local customs officials. Customers are encourages to contact their local officials regarding regulations, taxes, and imposed. Sintel Systems is not responsible for any delays associated with customs or failure to pay government fees and taxes for release of purchased merchandise.
It is also the purchaser’s responsibility to understand all other regulatory laws and regulations concerning the use of items purchased from Sintel Systems including compatibility of products and systems with local standards. Sintel Systems does not take any responsibility for items purchased by the customer, but inconsistent with local regulations or standards. Customers are encourages to fully understand local regulations and standards before purchase. Customers who discover any inconsistencies after purchase are encouraged to immediate contact Sintel Systems and seek available options including return of merchandise to Sintel Systems according to “Our Refund Policy.” Please note that Sintel Systems must be contacted within seven (7) of receipt of equipment if a refund is desired and all returns must be accompanied by a return merchandise authorization (RMA) number. No exceptions will be allowed.
Out of State Customers Sintel Systems does not collect taxes for states within the United States. It is the responsibility of the purchaser to pay all fees and taxes for the purchasers state of residence. Purchaser’s need to contact their local taxing agencies concerning any taxes or fees due on purchases made from outside the purchaser’s state.
Other Taxes There may be other taxes/fees/duties associated with regulatory and/or government agencies may be levied on the purchase or use of equipment provided by Sintel Systems including point-of-sale (POS) systems. Common taxes on the purchase include sales/use tax for the purchase of equipment. As discussed above, the customer is responsible for reporting and making payment for the purchase and any associates taxes/fees/duties due directly to the overseeing agency. The use of equipment such as POS systems may also require the collection of taxes/fees from the sale of items processed through the POS system. Most common type of such fees in the United States is the sales/use tax that is imposed by various levels of government agencies including local (town/city/county), state and/or federal taxing agencies. Canada levies either provincial sales tax or the Harmonized Sales Tax (HST) in addition to the federal Goods and Services Tax (GST). Other parts of the world like Costa Rica incorporate Value Added Tax (VAT).
There are thousands of taxing agencies throughout the United States and tens of thousands of agencies globally that mandate taxes on the sale of goods on a variety of factors. Agencies commonly change the rates based on legislation and voter approval. Sintel Systems does not offer any legal, accounting, or taxing advice to clients pertaining to any part of the operation including the rate or collection of taxes. It is the sole responsibility of the client to inform Sintel Systems of the initial rate and any changes. Upon the initial configuration of the POS system, the customer informs Sintel Systems of the rate and specifics of the tax rates. Sintel Systems will configure the systems to charge the specified rate. Upon changes in the sales tax rate, the customer is responsible for information Sintel Systems of the change and Sintel Systems will reconfigure the POS systems to comply the new sales tax rate as of effective date. Customers are advised to seek accounting and legal advice from respective agents or agencies to ensure compliance with necessary regulations. Under no circumstance is Sintel Systems responsible or liable for the accuracy, collection, or reporting of any taxes.
2) Shipping & Delivery Equipment purchased from sintelsystems.com will be delivered once full payment on order has cleared. Packages requiring additional software setup and configuration may be shipped in parts. Peripherals are shipped separate from System CPU or System Digital Video Recorder. Delivery time is dependent on system requirements, delivery location, and shipping quantity and size.
3) Free Shipping Free Commercial Ground Shipping is offered on all Complete System Packages. POS Complete packages must include POS System Hardware, Software, & Peripherals such as: Cash Drawer, Magnetic-strip Card Reader, Customer Display, & Printer. Complete Surveillance (Security Cameras) Systems must include DVR, Cameras, and Installation Material consisting of Cables & Power Supply. Residential or Home Ground Shipping is not included and will require that shipping rates be applied. Free Shipping only for orders shipped to the 48 contiguous states excluding Alaska, Hawaii and all US Territories and Islands.
4) Payment Method and Important Notice Sintel Systems accepts payments in the following manner:
1. Direct Deposit/Transfer of Funds/Wire Transfer – Product eligible for shipment upon receipt of funds. Sintel Systems will provide the needed information.
2. Bank or Financial Institution Issued Cashier’s Check – Product eligible for shipment within two (2) days of receipt and deposit of check. Unpaid return checks for any reason will be subject to $50 fee.
3. Company or Personal Check – Products will be shipped after the check clears Sintel Systems bank typically 10 days after deposit of check. Unpaid return checks for any reason will be subject to $50 fee and any additional charges set forth by financial institutions.
4. Credit Cards – Product eligible for shipment within two (2) days of charge.
Important Notice to customers using credit card or charge card for the purchase of goods and services from Sintel Systems. Authorized returns within the prescribed timelines and within the terms and conditions of purchase on this page and in this document, will receive the appropriate return to the credit card used for purchase within 10 days of receipt and inspection of returned items. All customers must review Sintel Systems return policy on this page as part of the purchase agreement.
Payment via on record payment: Your authorization and payment for the annual technical support services via credit card or Automated Clearing House (ACH) indicates your authorization to charge the account in order to avoid disruption of services (i.e. technical support, software license, database use) and late fees if payment is not received within 30 days of the expiration of notice. Sintel Systems may choose not to process the transaction without gaining renewed authorization which may result in non-renewal, potential disruption in services, and accrual of additional fees.
PLEASE READ CAREFULLY. Any customer who attempts to circumvent this the purchase agreement and initiates a chargeback request by disputing the charges with their respective bank or credit card company in direct violation of the terms and conditions of purchase and a breach of contract. If their bank withholds funds or withdraws funds from Sintel System directly as a result of the chargeback, the party taking this action will be subject to the following: 1) A $10 per day surcharge for every $1000 of funds withheld or withdrawn from Sintel Systems. [Example, customer wrongfully disputes a $2,000 charge and the bank withdraws funds from Sintel System until Sintel Systems proves the dispute invalid and receives the funds back 20 days later. The customer will be charged (20 days x $10 x 2) $400 in surcharges.] 2) The disputing party will be responsible to Sintel Systems for time and resources spent by Sintel Systems financial and legal department at a rate of $375 per hour. The typical dispute response takes six (6) to eight (8) hours plus $200 in printing, expedited shipping, and communication cost. On average, the cost will be $2,450 -$3,000 and the customer will be billed directly. 3) The customer will be barred from ever utilizing a charge or credit card to make purchases from Sintel Systems. 4) Any direct or indirect damage from customers improper initiation of a chargeback will be the responsibility of the customer. 5) Fraudulent attempts at chargeback will be referred to local and federal law enforcement for prosecution and will be subject to criminal charges. Fraud includes, but is not limited to, unlawful use of charge cards, falsely stating that the product(s) was not received, and falsely claiming that product(s) were returned to Sintel Systems. 6) Sintel Systems is entitled to all legal and attorney’s fees in attempting to collect all charges and fees. Notice is hereby given that Sintel Systems will protect all of its interest at law and in equity. All legal actions will be filed in the Superior Court of California in Los Angeles County regardless of the venue of product sale.
5) Order Processing Orders will be processed in the order received. Payments by mail will be processed same day received and products will be shipped out once payment has cleared. POS System orders generally take up to five or more days depending on order size. Rush orders requiring same day shipping will be processed with a reasonable fee with respect to order size. See package options for rush order pricing.
6) Privacy and Security Policy Sintel Systems reserves the right to identify an individual by using personal information. This information includes, but is not limited to, your first and last name, your home or other physical address, your electronic mail address, your credit card number and other similar information. When you visit our website (www.SintelSystems.com) and any affiliate or successor site, Sintel Systems will ask you for and collect personal information from you in order to provide products and services you request. In addition, we may use the information to communicate with you, provide customer service and support to you, send e-mails and information about us; and for internal marketing and promotional purposes.
7) Refund-Exchange-Cancellation Policy POS systems provided to Froyoworld are not refundable. Delays in opening will not serve as grounds or reason for refund. In the rare instance when a return is requested, please not the following: Seven (7)-day return period from time of receipt or pickup of products and services available on all eligible products and services. Point of Sale (POS) equipment and Surveillance (Security Cameras) Equipment, and all other equipment including hardware, accessories, peripherals, parts, and software that is unopened, and still in its sealed original package or, if delivered electronically, that has not been downloaded, may be returned within 7-Days from the date of delivery for a credit or a refund of the purchase price paid, less shipping and handling and any applicable restocking fees. Five (5) percent (%) Restocking Fee on unopened boxes. Ten (10)% Restocking Fee on opened boxes with all equipment in original sealed condition. Twenty (20) % Restocking Fee on non factory boxes (items returned not in their original boxes). Sintel Systems reserves the right to deny any refund on items, including sensitive items (Touch Screen POS, Scales, Security cameras which require proper factory boxes for protection, which are not returned in their original boxes and/or are returned damage. Sintel Systems may also choose to implement a higher restocking fee for items returned not in original condition. No refunds will be issued after seven (7) days of receipt of equipment. Refunds on deposits and down payments will be according to the terms set forth below.
Custom work and purchase is defined as work or deliverable (hardware, software, or combination) that requires configuration from the time payment is made or agreement is signed. As an example, customization of systems, construction of databases, writing of software code, creating websites, making special hardware or sets of hardware, creating special POS systems intended for a specific purpose such as the Froyoworld franchise are not refundable or refundable based on the portion of work completed and/or resources allocated. Cost and resource allocation for refund purposes is calculated based on materials used and time spent on the project and not necessarily reflective of the a package price offer.
Note: Returns on purchases eligible for free shipping will be assessed the shipping and handling fee paid by Sintel Systems. The fee will be deducted from the refund.
Deposit/Down Payment: Customers needing a POS system reserved for any reason including, but not limited to financing (i.e. down payment) or unknown opening date which may require a POS system upon very short notice may place a deposit or down payment of at least fifty percent or a agreed upon amount (if less than fifty percent) of the purchase price. This will exclusively hold system(s) and hold pricing to ensure that the customer has the POS system ready upon request and short notice. Full refund of deposit (minus any cost of customization) will be provided within 30 days of payment (deposit or down payment) and agreement. Fifty percent of deposit (minus any cost of customization) will be provided within 30 to 60 days. Beyond 60 days, no refund will be provided and customer must pay balance and take possession of POS system within 180 days from date of payment and agreement. Failure to take possession within 180 days forfeits all deposits paid and the agreement is considered terminated unless Sintel Systems is notified and an extension is granted. The above refund-exchange policy does not apply in cases of deposit/down payment since 1) the systems are exclusively held for the customer, 2) the customer is provided 30 days from date of deposit/down payment (instead of 7 days above) to request full refund, and 3) the system is considered sold to customer and Sintel Systems is holding it for the customer as a courtesy and at the request of the customer.
How to initiate a return: Customer must initiate and communicate with Sintel Systems to request to return any item within seven (7) days of receipt of item(s) by contacting Sintel Systems (972-767-8324) and requesting Return Merchandise Authorization (RMA) number. The customer must inform Sintel Systems within seven (7) days of receipt of product of intention to return or Sintel Systems reserves the right to refuse any return request beyond the seven (7) day period. After obtaining the RMA, the customer must ship all authorized equipment back to Sintel Systems within 10 days via tractable means. Sintel Systems is not responsible for damage during shipment and recommends customers purchase shipping insurance. Customer is responsible for shipping and insurance cost for authorized return equipment. Original shipping and handling costs and applicable restocking fees will apply to all returns and deducted from final refund. Customers should retain all packaging for all returns and also facilitated shipping of warranty related needs.
Customers must allow 4 – 6 weeks for processing of refunds, but extended periods may be required for products which are returned in damaged condition and/or not returned in original boxes. Products within packages are not eligible for individual return unless approved by Sintel Systems. These components if eligible for return will reflect the package price and not necessarily the purchase price due to discount provided on packaged deals. Unless customer has a separate agreement with Sintel Systems, or if the product was returned to Sintel Systems without prior authorization, it will be considered an unauthorized return, and the customer will not receive credit for the product. Sintel Systems will not ship unauthorized products back to the customer. The customer must pay for shipping cost for unauthorized returns. Cancellations prior to the product being shipped will be accepted without charge. A 5% Cancellation Restocking Fee and shipping fees will be charged for all cancellations after product has been shipped. Refunds for cancellations will only be issued once all components have been returned or accounted for. If product has already been shipped customer will be responsible for all shipping and handling charges along with the 5% Cancellation Restocking Fee.
Why are there a time restrictions to return equipment purchased from Sintel Systems? This policy is mostly intended for the customer’s protection and to keep the cost low for all our customers; however, here are some details.
1. The policy is intended to keep cost down for all customers. For this reason Sintel Systems staff invest time in fully understanding a customer’s needs and answering questions to ensure that any customer is obtaining the needed products and services to diminish the needs for returns. The overall cost of products and services increase with increased returns.
2. Most all of our products are accompanied by manufacture’s warranties which Sintel Systems facilitates if the customer maintains their support plan. The warranty commences form the day the customers receives the products. For this reason, products returned to Sintel Systems are not resold to other customers because the product’s warranty period has commenced. Items returned to Sintel Systems are returned to the manufacturer for testing and warranty replenishment. Our agreement with our manufactures entails time restrictions for returns which allows us to pass the savings onto our customers. As an example, one of the most sensitive products in our line are scales used with our point of sale (POS) systems. This is the reason scales are shipped in oversized and heavily protected/cushioned boxes. It would not be unsafe to resell a scale that has been shipped to a customer, possibly opened, installed, repackaged, and shipped back to Sintel Systems. This product needs to be returned to Sintel Systems within a total of 17 days (7 day RMA and 10 day shipping) from receipt to allow Sintel Systems to return the item to the manufacturers. We are not able to remedy this matter if the product is not returned within the above prescribed timelines and will not accept returns beyond the allowed time period. 3. The requirements of returning products is the policy of Sintel Systems and part of our agreement to sell products and services to our customers. We reserve the right to amend this agreement without notice; however, we always proceed with our customers best intention in mind.
Refund on Partial Returns Items offered by Sintel Systems may be offered as packaged deals including point of sale (POS) systems that are comprised of hardware, software, and other accessories. The sum of the listed price of the items may be greater that the package price offered by Sintel Systems. In instances when an authorized return is for one or more components of the package, the package will be priced back to its list price by component and then a refund issues. Example: A customer purchases a frozen yogurt point of sale system with an all-in-one POS station, software, scale, and support & service. Then the customer decides to return the POS system within the allowed refunds period described on this page and in this document. The customer fails or decides not to return the software and accompanying software licenses. In this case, the list price of the software license will be deducted from the total refund.
8) Limited Warranty Warranty work is provided through Sintel Systems for the first 90 days after purchase and is directly through the manufacturer after the first 90 days. Sintel Systems will facilitate warranty exchange for all customers maintaining Technical Support & Maintenance contracts at time of warranty need. Customers without Technical Support & Maintenance requiring warranty exchange must contact the manufacturer directly to request warranty needs. It is up to the discretion of Sintel Systems to allow a customer without Technical Support & Maintenance to purchase a plan at the time when warranty assistance is needed, but the customer failed to maintain an active Technical Support & Maintenance.
The contract described on page one (1) of the agreement page (in paper invoice formant and purchase order in electronic format) includes a dedicated custom system exclusively designated and configured for the system. We request that no changes, additions, or alterations outside the operational realm be made. This includes installation of software and hardware components. Due to the various component requirements and specifications, alteration of the system will most likely result in loss of data or the entire database. Database repair and recovery is not covered under Sintel Systems warranty. Virus infections and results of virus attacks and hacks are not covered under the Sintel Systems warranty. Warranty exchange is provided by Sintel Systems to customers on current Technical Support & Maintenance plans ONLY.
If you encounter any problems, we ask that you contact us immediately by phone at (972) POS-TECH or email@example.com. Any modifications to any component or configuration of the systems will breach this warranty agreement. Damages beyond the realm of our control including ones resulting from negligence on behalf of your staff, including, but not limited to alteration, addition, and/or replacement of machines, are not covered under the terms of the warranty.
The responsibility of the manufacturer and defects in hardware is limited to repair and replacement for the period of warranty as set forth in this section. No warranties, implied or expressed, shall apply after the period of warranty has expired. The responsibility of Sintel Systems is dictated by 1) the times warranty is requested and/or 2) the customer’s maintenance of Technical Support & Maintenance Contract.
POS systems akin to computers and other electronics are subject to hardware and software failure outside the control of any manufacturer or service provider. Failures of any sort can lead to damages including loss of data. Sintel Systems is not responsible for loss of data or its recovery from any source including systems failures. This warranty in no shape or form whether expressed or implied does not apply to loss of data or software. This warranty or any warranty unless specifically purchased by the customer does not apply to loss of data and/or the recovery of it thereafter. Sintel Systems does not accept liability beyond the remedies above for incidental or consequential damage, including without any limitation of liability for lost data or software. Sintel Systems offers various services to backup data and it is the responsibility of the customer to obtain such services to mitigate any potential loss of data or software. Sintel Systems also does not accept any liability for loss of use or unavailability of product. In order to mitigate loss of use, customers have the option of obtaining Rapid Replacement Warranty described below.
** IMPORTANT GIFT/LOYALTY CARDS LOSS OF DATA: Sintel Systems does not accept liability for the loss of any loss of data including, but not limited to customer data stored in the gift/loyalty cards component of the POS systems. By enrolling in the gift/loyalty cards program, customer agrees to hold Sintel Systems harmless from loss of data or any damages resultant of the loss of data.
** IMPORTANT WARRANTY NOTE: All electronic systems and components (i.e. point of sale systems, digital video recorders, server, etc.) must be connected to a battery back UPS (uninterrupted power supply) unit which offer 1) power surge protection, 2) battery backup, and 3) voltage regulations. Each unit (i.e. POS terminal) requires one dedicated protective battery back UPS unit. The battery back UPS unit(s) must have a minimum output power capacity of 600 Watts/1000 VA with maximum input current of 12A and input breaker capacity of 15A. The warranty is void if electronic devices provided by Sintel Systems are not connected to protection units with sufficient protection. Simple power strip surge protectors are not sufficient protection and will void the warranty. The warranty does not cover damage to units due to irregularities in power including, but not limited to power surges or power outages. Damages caused by or from any equipment connected to the systems including routers, modems, external devices, USB devices, mobile devices, and any other units that deliver or extract power from the Sintel Systems devices are not covered by the warranty. Services provide under technical support such as next day replacement and/or POS loaner programs are not valid if damages caused by actions (inadvertent, purposeful, or knowingly) that void the warranty.
9) Extended Warranty Extended warranty is offered on eligible products. Standard warranty required that defective products be returned for repair and shipped back to customer.
10) Rapid Replacement Warranty Rapid replacement warranty offers free over night shipping of replacement product without having to first send back the defective product. A credit card deposit will be required to ensure return of defective part. Contact us for additional details and pricing.
11) Technical Support The POS systems designed and delivered to each Froyoworld is accompanied by 12 months of initial technical support including support/maintenance for both terminals and franchise-wide support. Under the exclusivity agreement between Sintel Systems and each Froyoworld, each franchise (defined as any entity using the Froyoworld name to operate a frozen yogurt or similar store) 1) receives the support discounted under the FGOP plan, 2) must renew technical support at the end of each 12-month period, and 3) understands that the software licenses and database are directly linked to maintaining technical support. Expiration of technical support will coincide with the expiration of software license and database. Failure to renew support will result in the expiration of the POS software licenses & database and Sintel Systems reserves the right to recall, disable, or unregister the licenses and database at any time and will not relinquish the franchisee from its obligation to renew the technical support. Not recalling, disabling, or unregistering the software license or database does not signify a waiver of the rights of Sintel Systems under this agreement. Technical support fees will continue to accrue until paid in full regardless of timeline for nonpayment.
PAYMENT AND REFUND POLICY: The entire balance of the technical support/maintenance renewal is due in full before the expiration of the 12-month term. Due to the exclusively agreement, Sintel Systems may continue to provide critical franchise-wide support and maintenance for the best interest of the entire franchise and will continue to do so even if payment is not received. In case of non-payment, Sintel Systems will apply a $195 late fee and 1% per month late fee until payment is received. There is no refund of technical support fees or prorated schedule. Sintel Systems reserves the right to offer payment plans on a case-by-case basis, but is not obligated in any manner.
All customers must purchase Technical Support Service to receive service support which is offered via email or phone. Support Plans include remote access that allows Sintel Systems to access the POS System to provide support related services. Broadband Internet connection is required for Technical Support Troubleshooting which will allow for faster response and service time. Support is only offered for products and services purchased from Sintel Systems. Technical Support does not cover cabling issues, network related issues, third party peripheral support & third party credit card processing support. Visit our technical support page for additional information.
Timeline: Technical Support commences from the day of receipt of equipment unless specifically stated otherwise by Sintel Systems in writing. Activation Fee: Annual technical support pricing is provided based on continuous maintenance of support by customer. Technical support renewals after a lapse in continuity of support are subject to a technical support activation fee. There is no grace period for technical support and customers desiring to renew technical support must do so before the expiration of support. Sintel Systems will attempt to provide clients with courtesy a 14-day or more notice regarding the impending expiration via email on the contact information on records. Sintel Systems is not responsible for lapses in technical support due to any reason.
Technical Support Pricing, Discounts, Renewals: Technical support is provided and priced on an annual basis. Any discounts in money or free extensions are only applicable to the timeline specified and do not represent the renewal rate.
Why is technical support included as part of POS purchase? Technical support is an essential part of the POS system and in necessary to fully understand and learn the system. Technical support also includes training for existing and future staff. Sintel Systems wants to ensure that every customer learns how to use their system optimally and avoid cases of utilized POS systems. Technical support also provides support when a customer requires it. Furthermore, software upgrades are also included as part of technical support and are essential to maintaining an up-to-date POS system which include guarding the system from outside attacks which change on a daily basis. Due to the complexity and fluid changes in technology, security software companies, Sintel Systems, and all other entities involved in the protection malicious electronic attacks are not responsible for system breaches.
Technical Support Pricing Information: The pricing provided by Sintel Systems is subsidized by Sintel Systems to provide each customer with franchise growth oriented pricing (FGOP) and the following questions & answers better explain this and are hereby incorporated into the purchase agreement. What is a subsidy? A subsidy is in many ways similar to a discount, but it is intended to provide assistance to the recipient. In this case, the Support Plan subsidy is provided to allow business owner to utilize the subsidized amount in other aspects of business and grow.
What is franchise growth oriented pricing (FGOP)? It is a pricing strategy created and subsidized by Sintel Systems to allow businesses growth by lowering the immediate cost for services and products. The difference between the market price and FGOP is offered to the business for other operational aspects and growth.
What is the market value of the support & service plan provided by Sintel Systems? $1,500 annually for the first terminal and $1,500 for any additional terminals within the same location. This rate is reflective of all services provided under the Support Plan.
Can FGOP vary based on the customer? Yes.
What is Multi-Location Gift Card Processing (MLGCP)?
Sintel Systems utilizes and integrates a MLGCP system into FroyoWorld point-of-sale (POS) systems to allow for 1) the integrated processing of multi-location/store gift cards allowing multiple locations to issue and accept gift cards across multiple locations and 2) for the safe remote storage of data. All FroyoWorld Franchisees are subject to mandatory enrollment into and maintain the MLGCP through Sintel Systems. Sintel Systems reserves the right to change the MLGCP program to a similar service. Cancellation of MLGCP forfeits the FGOP pricing and customer must reimburse Sintel Systems for the price difference between regular price technical support and FGOP from the commencement of operations at his first store and $7 per day fee from date of cancellation. Sintel Systems does not hold funds or is responsible for funds associated with MLGCP. The MLGCP system simply facilitates the transfer of funds between the multiple locations and a centralized account managed by either the customer or the franchisor/licensor.
Is support for Multi-Location Gift Card Processing (MLGCP) transfer to third party or locationalization (from multi-location to single location) part of Technical Support? No. Transfer of MLGCP from Sintel Systems to any third party is a very time and resource incentive process including the protection of proprietary technology related to MLGCP utilized by Sintel Systems. Customers who choose to opt out of FGOP and Sintel Systems MLGCP are not entitled to any type of support from Sintel Systems in the transfer of data from our data base to any third party data base. Sintel Systems is capable of assisting with this task as follows: 1) A six (6) week notice is required for this transfer. 2) A $250 cancellation fee is payable to Sintel Systems regardless of any fees to the MLGCP service provider. 3) A $795 setup fee plus $0.39 per card (minimum 500 cards) fee. This process will deliver the needed data which includes card number and balance to the third party. Sintel Systems will only provide the data and is not responsible for any third party integration. Payment of the cancellation fee, set up fee, and minimum 500 transactions must be made to Sintel Systems prior to the commencement of any work.
Does FGOP pricing apply to any other part of a point-of-sale (POS) services or goods? Yes. FGOP pricing may apply to other parts of the POS system including subsidized hardware or POS supplies such as gift cards. While not definite, the most common area of FGOP is found in Franchise-Wide-Support (FWS) or Professional POS Franchise Remote Access (PPFRA) provided to franchises or chains of operations. FWS is subsidized from $795 to $500 (a $295 value) and PPFRA is subsidized from $795 to $295 ($500 value).
Is the Support Plan pricing subject to change? As with any other service or goods in the economy, the Support Plan pricing is subject to change; however, Sintel Systems intends to maintain a FGOP program on an ongoing basis to foster customer growth. The pricing and program stated above has been in effect since 2007 and was incepted as a result of the economic troubles of 2007. The program was in many ways our stimulus plan for small business. Sintel Systems will provide notice of any intended changes and allow all existing customers to renew their support plan before the change regardless of the support plan’s expiration date. This notice will be provided via email and it is the customers responsibility to ensure that their email is current with Sintel Systems and Sintel Systems is not responsible for any reason if notice is not received by customer. After any changes in FGOP pricing, all customers will be subject to the change. Customers not wanting to maintain a support plan after a change in FGOP, may opt out of FGOP by paying the difference between the previous FGOP price and previous market price for technical support service since the inception of their relationship with Sintel Systems.
Is Technical Support Transferable? Per the terms outlined in the “Terms of ‘POS Services’ Provider to Froyoworld” at the beginning of this document, technical support agreements are not transferable and new owner(s) or trasferees must obtain a new plan.
Access to POS Systems by Sintel Systems: Sintel Systems reserves the right to access a point-of-sale systems provided by Sintel Systems at anytime without notice. Sintel Systems will be cognizant of operational conflicts when accessing a system and minimize or eliminate operational disturbances when possible. Sintel Systems requires access to the POS system via the Internet to provide technical support, provide software updates, backup data, and for any other reason. Sintel Systems will protect and respect the POS system to the extent possible. By purchasing a POS system from Sintel Systems, the customer agrees to allow access to the POS systems and hold Sintel Systems harmless. The customer agrees to indemnify and hold Sintel Systems, its staff, employees, and all agents harmless from and against any and all liabilities, losses, claims, damages, disputes, offset, claims, or counterclaims arising out of or relating to the access of the POS by Sintel Systems.
12) Internet Usage Policy As a direct result of being connected to the World Wide Web, computers are constantly subjected to potential viruses and spyware. Sometimes a user doesn’t even need to do anything to be susceptible to harmful, damaging, and data stealing programs such as viruses and spyware. Although all of Sintel Systems units are shipped out with the necessary preventive software such as Anti-Virus programs to help protect the systems, it is still possible for malicious programs to find their way inside your system. This is why Sintel Systems is limiting non-POS related internet access. As a result we have been able to significantly increase the security of the system while simultaneously increasing the overall reliability of the units. The following internet usage policy is now enforced.
Sintel Systems limits the use of Internet Browsers or access to non Point of Sale (POS) related internet activities to protect our customers, the software, the hardware, merchant account processing, and other related sensitive information. This is done by placing a password on all internet usage. Sintel Systems does this to ensure the safety and security of our customers Point of Sale systems and operations. If you wish to gain access to the internet, we will provide you the password only if a release of liability is signed. Sintel Systems is not liable or responsible for any loss or damage incurred by any POS user accessing the Internet through the POS system. This includes, but is not limited to, viruses or spyware acquired through the internet, any loss associated by buying or selling merchandise or services through the Internet, theft of credit card or other financial data, any personal information disclosed through the Internet, or any other information or data transmitted through the Internet or harm caused to the system sales data as a result of access to the internet.
13) Software License & Database The POS software license(s) provided in various forms (electronic, physical, key, and/or serial numbered) on the POS systems obtained from Sintel Systems and the database remain the property of Sintel Systems and are directly tied to the technical support plan for Froyoworld. Sintel Systems grants the use of the software license(s) in annual terms and the right of use and software/database licensing right is renewed with the renewal and payment of the required annual technical support plan. Sintel Systems reserves the right to recall and disable the software license and database if technical support is not renewed. The software licenses and/or database may expire immediately at expiration of technical support or anytime within 30 days after the expiration and non-renewal of technical support. Not recalling, disabling, or unregistering the software license and/or database immediately does not signify a waiver of the rights of Sintel Systems under this agreement. Technical support fees and late charges will continue to accrue until paid in full regardless of timeline for nonpayment. The continued possession (electronic, physical, key, and/or serial numbered) and/or use of the software license(s) and database while not renewing technical support is a violation and breach of this agreement. Furthermore, the continued possession and/or use of unlicensed software and/or database is subject to United States Software use federal laws that entitle Sintel Systems damages of, but not limited to $150,000 per license and per incident in civil penalties in addition to criminal penalties imposed by the State and Federal authorities. Severing the connection with Sintel Systems in order to circumvent the ability of Sintel Systems to access the system to retrieve the software license or datable for the non payment/renewal of technical support is a gross violation and breach of this agreement and will result in additional fees of $1,500 per license plus the full technical support fee (without any further discounts), late charges due immediately, and penalties due under federal laws. If necessary, Sintel Systems will enforce the terms of this agreement according to conditions set forth in this document and section 22 (Governing Law and Jurisdiction).
NOTE: If the license or database expire and/or are recalled, disabled, unregistered after the non-renewal and non-payment of technical support, all outstanding balances including fees set forth in this agreement must be paid for reactivation. Under no circumstances will software license(s) or database be reactivated without prior and full payment. If user or user’s agent reinstall software without the consent and expressed written permission of Sintel Systems, damages of, but not limited to $150,000 per license and per incident are also due. Not renewing technical support and the software/database licensing rights and not using the POS system for all financial transactions at Froyoworld does not relinquish other obligations and is a breach of this agreement as dictated in various parts of this agreement.
14) Ownership You cannot claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. Sintel Systems retains ownership of software license and database and grants its use under the terms provided above.
15) Third Party Purchase A third party purchase (TPP) is defined as a purchase of goods and services made by one party for another party. In TPP, the end user is not necessarily the purchaser and Sintel Systems fully relies on the purchaser to communicate the intention of TTP to Sintel Systems. A TPP occurs when one party purchases goods and services from Sintel Systems for another party. In the purchase invoice and agreement, the purchaser is identified under the “Billing Address” and the intended recipient may or may not be reflected in the “Shipping Address” depending on the manner in which the end user finally received the product. The following examples exhibit some TPP scenarios:
1. Example of TPP: Bob contacts Sintel Systems and purchases a point of sale (POS) systems for John. Bob asks that Sintel Systems ship the POS system to John directly. John is considered as the registered end user of the POS system; however, Bob must ensure that John understands and follows all terms and conditions of purchase.
2. Example of TPP: Bob contacts Sintel Systems and purchases a point of sale (POS) systems for John. Bob asks that Sintel Systems ship the POS system to Bob and he will deliver it to John. In this case, Bob has to either provide John’s full contact info to Sintel Systems for registration or direct John to call Sintel Systems within 30 days of receipt of product by Bob to register. Bob must ensure that John understands and follows all terms and conditions of purchase. The technical support agreement and all term of the agreement start from the day (or within 30 days if specifically requested by Bob) from when Bob receives the system. The terms of this agreement are not related to the date of transfer from Bob to John.
3. Example of TPP: Bob is an owner of chain of franchise restaurants. John is a new franchisee and under a master contract with Bob, will receive his POS system from Sintel Systems. John has made one lump sum payment to Bob for all equipment needed for his new restaurant. Bob contacts Sintel Systems and purchases the POS for John and then directs John to contact Sintel Systems to receive the POS system. Bob must ensure that John understands and follows all terms and conditions of purchase.
4. Example of TPP: Bob contacts Sintel Systems and purchases a point of sale (POS) systems for John and Sintel Systems ships the system to John. Three days later Bob decides that he wants to return the system to Sintel Systems and contacts Sintel Systems to obtain an authorized RMA number. Sintel Systems provides Bob with the RMA number and provides Bob the 10 days allowed time to ship the POS system back to Sintel Systems. Bob contacts John, gives him the RMA number and John ships back the POS system to Sintel Systems and Sintel Systems issues a refund to Bob. It is the full responsibility of Bob to ensure that John returns the systems in a timely manner. Sintel Systems bears no responsibility for John’s failure to follow the requirements set forth by this purchase agreement.
All terms and conditions of purchase contained on this page and on this document apply to TPP. Once the POS system is shipped from Sintel Systems or its affiliate, it is the sole responsibility of the parties to arrange any details. In case of an authorized return, the party making payment to Sintel Systems will receive the refund. Refunds will only be returned to the Billing party. It is the sole responsibility of the party making payment to ensure proper return of products to Sintel Systems. In no circumstance, is Sintel Systems responsible to the purchaser for the end users failure to adhere to the terms and conditions of this purchase agreement. The purchasing party is responsible to fully communicate the terms and conditions of this purchase agreement to the third party.
16) Products & Services Quote Time Limitations A quote for product and services provided in writing by Sintel Systems is valid for either 30 days or the end of the calendar year, whichever is shorter.
17) Indemnity By purchasing any product from Sintel Systems, the purchaser agrees to indemnify and hold Sintel Systems, its staff, employees, and all agents harmless from and against any and all liabilities, losses, claims, damages, disputes, offset, claims, or counterclaims arising out of or relating to the sale and service of any product provided by Sintel Systems.
18) General If any provision of this agreement or portion thereof is held to be unenforceable, such a determination will not affect the remainder or any other part of this agreement.
19) Merchant Account Policy Sintel Systems is a total solutions provider with integrated credit card processing. This allows for a one-stop solution for all your Point of Sale needs.
The cancellation of merchant account services unless due to termination of operation is a breach of this agreement. Customers will be charged a $300 per terminal cancellation fee if they terminate their merchant agreement offered through Sintel Systems in addition to other damages due under this agreement. This fee is payable directly to Sintel Systems and may be in addition to fees charged by the merchant account provider. The cancellation of merchant account services may also result in the forfeiture of FGOP technical support pricing and will make due the difference between the market price for technical support and FGOP effective the date of merchant account cancellation. Why is this fee charged? 1) It is the policy of Sintel Systems and 2) Customers who obtain merchant account services through Sintel Systems gain immediate and reoccurring advantages. The cancellation fee is an offsetting fee for the increase in cost of Sintel Systems for the cancellation of merchant account service.
Down Time: Merchant account processing services may experience down times for a variety of reasons. Sintel Systems has no control over merchant account processors and is not responsible for any and all damages, direct or indirect, from your inability to process charge card transaction. Internet Connection: An Internet connection is required to process charge card transactions. Your Internet Service Provider (ISP) may experience down times for a variety of reason. Sintel Systems has no control over and is not responsible for your ISP.
The suspension of the use of the merchant account without termination of the merchant account while utilizing any other means including other third parties to process transactions is considered a breach of this agreement and subject to the same penalties as the cancellation of the merchant account..
20) Software & Operating System Two general types of software are offered with point of sale (POS) systems as follows 1) POS specific software that is installed and/or embedded into 2) an operation systems such as Microsoft Corporation’s Windows 2000, Windows Vista, or Windows XP. The major levels of software support which include offering updates to protect the operating systems are provided by Microsoft Corporation directly. Under the technical support agreement, Sintel Systems will continue to update and upgrade the POS specific software as needed. Sintel Systems will also perform and facilitate the updating of third party software/operating systems as they are made available by the third party (i.e. Microsoft Corporation). Sintel Systems is not responsible for the discontinuation of support by third parties which may require software/operating system version and/or hardware upgrades due to changes in support policy. By obtaining POS systems from Sintel Systems, customer acknowledges and holds Sintel Systems harmless of changes made by third party software/operating systems companies such as Microsoft Corporation. Under the support agreement, Sintel System will facilitate any upgrades and customer will be responsible for additional hardware and software costs.
Changes in software requirements, operating systems, technological changes, and government regulations may require hardware upgrades for compatibility, efficiency, and/or compliance related matters. A common factor that influences changes are security setting changes associated with payment card industry (PCI) data security standard (DSS) compliance which are set and changed by the Security Standard Council (SSC). Changes initiated by various factor may require changes ranging from simple updates to upgrades in operating systems to replacement/addition of hardware. Most of the periodic updates which associated parties make available are provided to customers as part of technical support. Major changes in operating systems and hardware are the sole responsibility of the customer. Sintel Systems will offer details of the needed changes and provide customer timing/cost details. Periodic updates are offered to customer and are typically applied to all customers within a narrow timeline. Major operating systems (OS) and hardware upgrades will be conducted in phases to accommodate all customers.
22) Governing Law and Jurisdiction By accessing this website, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by the statutes and laws of the State of California, without regard to the conflict of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods or Services. By purchasing our services and products, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Los Angeles, USA. The terms of this agreement further specify that in the event of litigation (or any other effort including, but not limited to mediation) regarding any matter between Sintel Systems and the purchaser, including but not limited to the collection of fees by Sintel Systems for services and products provided to the customer, breach of any part of this contract, enforcement of any part of this contract, Sintel Systems is entitled to recover all reasonable attorney’s, legal, collection costs, and interest on the unpaid portion of the balance. Reasonable attorney’s fees are defined as $350 per hour as of January 1, 2011. If any provision of this agreement shall be determined to be illegal or unenforceable, the remaining provisions shall remain effective and enforceable to the greatest extent permitted by law. In the event the extent and/or duration of one or more of the obligations hereunder exceeds and/or extends the duration allowed by law, such obligation shall be deemed to be the maximum extent or duration allowed by law.
23) Cancellation & Other Fees There are several cancellation and other fees Sintel Systems charges including, but not limited to, FGOP opting out fee, MLGCP cancellation fee ($595), and other fees. Why does Sintel Systems charge theses fees? 1) It is part of our policy and 2) Inherent savings and efficiencies are built into our operation which allow us to offer low prices. Deviations from our standard operating procedures in providing customers goods and services effect our cost and our ability to deliver elevated level of services and goods to our customers. The cancellation and other fees are offsetting fees charged to ensure that low prices are delivered to customers within the realm of our total solutions provider.
In the event you terminate the use of all POS Services with or without formal cancellation or notice to Sintel Systems, refuse to renew the annual technical support agreement by making full payment on the due date of the Auto-Renewal, while remaining a FroyoWorld licensee, franchisee, corporate store owner or any other entity owning and/or operating a FroyoWorld, you agree to pay Sintel Systems a termination fee equal to the cost of a new two-terminal Froyoworld Franchise Frozen Yogurt point of sale systems at the time of ceasing to utilize Sintel Systems. This policy applies to all including original and transferred owners. This payment is in addition to all other penalties, fees, and damages afforded under this agreement.
24) Waivers & Exclusions A waiver or exclusion given to any terms or conditions of this agreement by Sintel Systems must be in writing and will not be a waiver to any other part of this agreement or provide exclusion to any other part of this agreement.
25) Alternate Use – Buy Back Point of Sale (POS) Program Sintel Systems employs an alternate point of sale (POS) use program for its customers. We understands that sometimes an owner changes their line of business (from frozen yogurt to pizza), decides to retire the operation, or challenging economic times force them to close permanently. Sintel Systems intends to assist these customers in the following manner:
1. Reconfiguration for alternate use by same owner. This means that if the same owner decides to change the type of business they engage and the possibility exists, Sintel Systems will assist with reconfiguration subject to necessary charges and applicable fees.
2. Buy back – On a case-by-case basis, Sintel Systems may choose to buy back a complete point of sale system and each customer needs to contact Sintel Systems to discuss their specific case. Commonly asked questions:
** How do I start the process? Call Sintel Systems POS at 972-767-8324
**How much will I get for each POS system? It depends on several factors. You must contact Sintel Systems to discuss the matter and obtain authorization to proceed. Once you have approval for a program (reconfiguration or buy back) you will be provided full details.
** Are the used POS systems that Sintel Systems buys back for sale? NO. The systems are typically either utilized for display purposes, used for research on product longevity, given to educational institutions, offered to non-profit organizations, or provided to third parties for use outside our realm of control. We do not support or resell used systems for a variety of reasons.
** I am (or I am not) a current Sintel Systems customer, can I purchase a used POS system from a Sintel Systems customer and use it for my current businesses? No, each new Froyoworld must purchase a new and complete 2-terminal POS package.
** I am not closing my business, will my POS system qualify for the buy-back program? No, if you are not closing the business, you will most likely not qualify for the program. The intention of the program is to assist those is challenging or special situations.
** Is there a guarantee that Sintel Systems will buyback a POS system or support a purchased used POS system? No. It’s on a case-by-case basis.
** I have more questions, what do I do? Contact us as soon as possible at 972-POS-TECH or 972-767-8324.
26) Additional Terms & Conditions Additional Terms and Conditions may apply to specific transactions including but not limited to component only purchases outside the scope of point of sale or exclusive franchise agreements. Please ask your Sintel Systems representative for your specific terms and conditions. It is strongly recommended that customers carefully review all terms and conditions of the transaction. Failure to review the terms including seeking legal advice will not waive any part or all parts of the agreement. Your authorizing signature on the purchase order or completion of an order through www.sintelsystems.com electronically provides your full and unconditional agreement to the terms and conditions set forth.
27) Change of Terms & Conditions Sintel Systems reserves the right to change the terms of this agreement as needed to serve our clients better, to expand our services, to adjust to changes in technology, to adjust to economic and market forces, or other pertinent causes. Such changes will be effective immediately for new purchases, but will not typically become effective for existing customers under technical support agreement resultant of a new purchase or renewal until the end of the term which cannot exceed more that 12 months from the date of change in terms and conditions.