Please read the following Terms and Conditions carefully. If you are leasing equipment, products, or services, see “NON CANCELABLE EQUIPMENT & SERVICE FINANCE LEASE AGREEMENT – TERMS & CONDITIONS” here
If you are part of a franchise, please visit your dedicated franchise page on our website for your specif terms or contact your representative for the link or hard copy agreement.
The purchase and/or use of our PRODUCTS and/or SERVICES implies that you have read and accepted these Terms and Conditions.
- 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
- 8.1) Extended Warranty
- 8.2) Rapid Replacement Warranty
- 9) Cloud Services
- 9.1) Cloud Services – Licensing & Ownership
- 9.2) Cloud Services – Terms & Fees
- 10) Technical Support – Premium Plus
- 11) Technical Support – Premium Standard
- 12) Internet Usage Policy
- 13) License
- 14) Ownership
- 15) Third Party Purchase
- 16) Products & Services Quote Time Limitations
- 17) Indemnity
- 18) General
- 19) Merchant Account Policy
- 20) Software, Operating System & Coud Services
- 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
- 28) Lease & Finance Terms & Conditions
1) The PRODUCTS & SERVICES we Offer “Sintel Systems POS” offers POS systems including associated products and services. “Sintel Surveillance” (formerly “Sintel Systems SUR”) offered surveillance equipment including professional installation pre December 31, 2014 and no longer offers such services.”Sintel Systems POS” and “Sintel Systems SUR” and “Sintel Surveillance” are operationally and legally separate entities without any connection or cross-liability and simply sharing the words “Sintel” and/or “Systems” in their names.
2) Shipping & DeliveryEquipment 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. 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 & 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.
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 New Jerey regardless of the venue of product sale.
5) Order Processing Orders will be considered accepted by Sintel Systems 72 business hours after receipt of signed agreement and payment. Orders placed online will be considered accepted by Sintel Systems 72-business hours after receipt of online order with acceptance of terms and payment. All orders can be cancelled within 72 hours of placing the order unless customers requests expedited delivery under the 72 business hours. Orders will be processed in the order received, but the 72 business hour period from receipt of orders and acceptance by Sintel Systems will apply . Payments by mail will be processed same day received and products will be shipped out once payment has cleared after the 72 business hour acceptance period. POS System orders generally take up to five or more days depending on order size if no configuration or customization is required. 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 PolicySintel 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 web site (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 PolicySintel Systems is committed to excellent service and therefore we attempt to communicate with customers regarding their needs prior to the sale and shipping. This is to ensure satisfaction and diminish the need for eligible returns. In the rare instance when a return is requested, please note the following: Seven (7)-day return period from time of purchase of products and services available on all eligible products and services. Eligible products for return only include stand-alone hardware including standard POS terminals that are not custom ordered/manufactured or ordered from third parties (i.e. weight scales, EMV terminals) and are sold without software installation/configuration by Sintel Systems, software license that has not been configured by Sintel Systems 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 purchase for a credit or a refund of the purchase price paid, less shipping and handling and any applicable restocking fees. Fifteen (15) percent (%) Restocking Fee on unopened boxes. Twenty five (25) % Restocking Fee on opened boxes with all equipment in original sealed condition. Thirty-five (35) % 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, 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.
Custom work and purchase is defined as work or deliverable (hardware, software, or combination) that requires manufacturing, special ordering, third-party ordering and/or 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 are not refundable or maybe refundable at the sole discretion of Sintel Systems 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.
Cloud Services & Online Menu Refund Policy – Systems requiring configuration on the cloud and/or set up of online menu are not refundable. In case of a partial refund on a system at the sole discretion of Sintel Systems, 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.
Franchise & Discounted System – Systems provided to groups of stores including individually owned franchises within a franchise, corporate franchises owned by a corporate operation, licensing operations who purchase systems for multiple locations simultaneously, or any group of stores purchasing simultaneously for the intention of receiving preferential or discounted pricing at the discretion of Sintel Systems are not subject to refund. Additionally systems offered at over 50% discount exhibit a cost on Sintel Systems including the cost of the hardware, software, configuration, and implication that exceeds the amount collected (50% or less) by Sintel Systems. At time of implementation, Sintel Systems stands at a loss for such transactions. None use of system after delivery or termination of monthly services before the 13 month cloud term period will make the entire discount payable at the time of termination.
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 makes all remaining balances due, forfeits all deposits paid and the agreement is considered terminated unless Sintel Systems is notified and an extension is granted. Sintel Systems understands uncertainty and unanticipated events may lead to delays beyond 180 days and will grant extensions for conditions outside the realm of the customer’s control (i.e. construction delays, natural disaster, family emergencies, medical reasons, etc.); however, refunds will be only proceeded according to the terms of this agreement. Sintel Systems is not responsible for, but will make every effort to contact the customer and grant an extensions if 180 day period is approaching. 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 purchase of item(s) by contacting Sintel Systems (972-767-8324) and requesting Return Merchandise Authorization (RMA) number on eligible purchases only. 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.
IMPORTANT INTERNATIONAL CUSTOMERS: All sales are final and no refunds will be issued under any circumstances for systems intended for international destinations. International customers are responsible for ensuring that systems meet local requirements. Ensuring that systems meet local requirements including agency, legal, or regulatory are the sole responsibility of the purchaser. POS systems and components intended for use outside the United States of America (USA) are considered custom orders and requires customization including, but not limited to country-specific power supplies. International customer and orders are considered purchases with the intended use of the system outside the USA. Sintel Systems will ship systems directly to the intended country or to a destination within the USA based on the customer’s request.
8) Limited WarrantySintel Systems is committed to providing highly professional and excellent customer service. We stand behind every product and service we provide. Sintel Systems products and system packages include standard manufacturer’s warranty from the date of purchase directly through the manufacturer. Our warranty covers manufacturer’s parts and labor on equipment provided by Sintel Systems through the manufacturer. See product for warranty details. The standard warranty requires customers to ship defective products to the manufacturer for repair unless otherwise arranged. Hardware will generally be repaired within a 24 hour period from receipt of equipment unless more time is required. Replacements or repaired components will be shipped back to the customer. You may also obtain extended warranty, support, and service agreements beyond the first 12-month period.
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.
Replacement Program: Under certain circumstances Sintel Systems will replace POS components including POS terminals, printers, cash drawers, and hand-held scanners without receiving the reported malfunctioning component first. In order to qualify, customer must provide a credit card unless a valid credit card is on file and customer agrees to the following under the replacement program. Customer understands that Sintel Systems relies on the customers statement concerning malfunction without the ability to physically verifying the issue. Once the component is received by Sintel Systems, it will be tested for functionality. If the reported issues exits upon component arrival at Sintel Systems, no further action is required and customer keeps the new replaced component. If the component is found to function without any repair and Sintel Systems has replaced the component with a new one, the component will be returned to customer. Customer will have two options including 1) purchasing the components at the price listed on SintelSystems.com or 2) returning the new unit and paying a 20% (twenty percent) restocking fee and shipping fees which including all shipping fees involved in the incident. Customer will be notified immediately upon the discovery of such findings and is provided 48 hours to offer their choice. Sintel Systems will make every effort including email and phone to reach customer. If Sintel Systems is unable to reach customer, option 1 is automatically enacted. Sintel Systems will send the component back to customer and charges are due before shipment. Customer agrees under such circumstances, Sintel Systems is authorized to charge the credit card of file or provided.
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 weather 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 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.
** 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
8.1) Extended Warranty Extended warranty is offered on eligible products. Standard warranty required that defective products be returned for repair and shipped back to customer.
8.2) Rapid Replacement Warranty Rapid replacement warranty offers free overnight shipping of replacement or loaner 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.
9) Cloud Services The cloud is defined as remote servers and computers located in confidential locations which store and transmit the data and operations of the POS at a customer’s location and require a Static IP internet connection with a minimum of 60 Mbps download and 6 Mbps upload. The utilization of cloud services constitutes the physical occupation of hardware space with accompanying cost and maintenance from the instance the database in established. Cloud based software (referred to as “Software Product” for the purposes of this Section) and its accompanying database, menu, operations, and back office controls/reporting are installed on the POS system hardware and also on the Cloud and that require a monthly “Cloud Service” service contract. Cloud based systems will not function without the monthly cloud service contract and timely monthly payment.
9.1) Cloud Services- Licensing & Ownership The Software Product is protected by U.S. and international copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. GRANT OF LICENSE. This agreement (End User License Agreement) grants you, the SOFTWARE PRODUCT end-user a limited, non-exclusive, non-sublicensable license for the term of this agreement to use the SOFTWARE PRODUCT in object code form only for your internal business purposes. You may install and use one copy of the SOFTWARE PRODUCT, on a single computer or mobile device having a single processor. TRANSFER OR ASSIGNMENT. In connection with the sale of all or substantially all or your assets or equity interests, prior written notice of which has been provided to Sintel Systems, you may permanently transfer all of your rights under this End User Licensing Agreement (“EULA”) to such purchaser or assignee, provided you (a) retain no copies, (b) transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this EULA), (c) the purchaser or assignee agrees to abide by all of the terms of this EULA, and (d) you and the purchaser or assignee have properly executed the Sintel Systems Transfer Agreement and paid the then-applicable re-licensing fee in full. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT and all of your rights therein, if any. NO RETURNS OR REFUNDS. Sintel Systems does not accept any returns and/or refunds whatsoever for the SOFTWARE PRODUCT under any circumstances. REGISTRATION KEY. The use of the SOFTWARE PRODUCT may require a registration key from Sintel Systems or its Partners (or its authorized reseller) for full functionality, and Sintel Systems reserves the right in its sole discretion to refuse requests for more than one registration key. The registration key may be a printable digital key, a non-printable file, sent by email or SMS, or any other mechanism used by Sintel Systems or its Partners for license activation purposes. You agree that you will not attempt to hack, crack, or otherwise override this registration key. You cannot disclose to any third party nor allow any third party to have access to or use your assigned registration key, except for an authorized Partner of Sintel Systems for purposes of installation if necessary. UPGRADES AND UPDATES. If the SOFTWARE PRODUCT is labeled or otherwise identified as an “upgrade” or “update”, you must be properly licensed to use a product identified as being eligible for the upgrade or update in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled or otherwise identified as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. OWNERSHIP. Sintel Systems, its affiliates and/or its licensor(s) own all right, title, and interest in and to the SOFTWARE PRODUCT. Except as set forth herein, the EULA grants you no right, title, or interest in any intellectual property owned or licensed by Sintel Systems or its Partners, including (but not limited to) the SOFTWARE PRODUCT and all trademarks (including but not limited to any images, photographs, animation, video, audio, music, text, database, and applets incorporated into the SOFTWARE PRODUCT), the accompanying, printed materials and any copies of the SOFTWARE PRODUCT are owned by UP SOLUTION. You may not copy the any printed materials accompanying the SOFTWARE PRODUCT. USE RESTRICTION. You acknowledge that use of the SOFWTARE PRODUCT for purposes such as Competitor Evaluation, Reverse Engineering, Decompilation, and Disassembly is a violation of this EULA and you agree that such use constitutes material breach of this EULA. ADDITIONAL TERMS AND CONDITIONIS. Depending on the software product you chose, there are additional EULA terms and conditions described under individual software product heading. You agree and accept that such additional terms and conditions apply when you use the particular software product from Sintel Systems or its Partners as a part of this Agreement. DISCLAIMER OF WARRANTY AND EXCLUSION OF CLAIMS. The SOFTWARE PRODUCT is provided “AS IS” without warranty of any kind. To the maximum extent permitted by the applicable law, Sintel Systems and its partners further disclaims all warranties, whether express, implied, statutory, or by estoppels, including without limitation any implied warranties of merchantability, or fitness for a particular purpose. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL SINTEL SYSTEMS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA. OWNERSHIP AND RESTRICTIONS. Sintel Systems or its licensors, if applicable, retain all ownership and intellectual property rights to Sintel Systems or its Partners programs or services including without limitation Cloud Services. Sintel Systems and/or its Partners owns the source code and retains all ownership and intellectual property rights to anything developed and delivered under this Agreement. Customer may not: remove or modify any program markings or any notice of Sintel Systems or its licensors’ proprietary rights; make the programs or materials resulting from any services available in any manner to any third party for use in the third party’s business operations; modify, make derivative works of, reverse compile or engineer, or disassemble any part of the services (including without limitation data structures), or access or use the services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to Sintel Systems programs or services; disclose results of any services or program benchmark tests; and license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, or otherwise commercially exploit or make the services, Sintel Systems programs or materials available, to any third party. Customer may not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, including without limitation electronic, mechanical, photocopying, recording or other means, and Customer agrees to make every reasonable effort to prevent unauthorized third parties from accessing the Services. LICENSE TO CLOUD SERVICES. In addition to the terms and conditions set forth in above Sections of this Agreement, Customer has the nonexclusive, non-assignable, fully-terminable, limited right to use Cloud Services (in object form only) provided by or through Sintel Systems hereunder solely for Customer’s internal business operations and subject to the terms of this Agreement at Customer’s business location or, if applicable, solely in connection with Customer’s business operations using terminals or devices with application or service modules developed and authorized by Sintel Systems. Customer agrees that Customer does not acquire under this Agreement any license or rights in, including without limitation, any software including Sintel Systems software, source code or support and maintenance services, or any developed or customized software. At the end of this Agreement or the Services hereunder, any software license, if any, or Customer’s right to access or use the Sintel Systems programs or Cloud Services shall terminate.
9.2) Cloud Services – Terms & Fees Subject to the terms and conditions set forth here, Sintel Systems shall provide to customer Cloud Services either directly from Sintel Systems or it partners, affiliates, subsidiaries, parent company, or third parties to (a) enable customer to retrieve various information uploaded from the Device and any other compatible equipment provided by or through Sintel Systems to Customer (“POS Equipment”), (b) store in Sintel Systems or its partner’s servers such uploaded customer information, such as product, item and customer information, as well as transaction history and configuration data pertaining to POS Equipment and (c) such further features as provided by or through Sintel Systems in connection therewith (collectively, the “Cloud Services”). Subject to the terms and conditions contained herein, customer may elect to receive, either: (i) full access to the Cloud Services features which may include basic setting, managerial and reporting functionality upon payment of the applicable Monthly Cloud Fee (as defined below); or (ii) limited access which includes basic setting only. BANDWIDTH, STORAGE AND E-MAIL USAGE. For the Cloud Services, up to 1GB of total data capacity or 3,000 transactions per month are allowed without additional charge. Customer shall not abuse or engage in excessive bandwidth usage, and agrees to pay additional fees if the storage limit of 1GB of total data capacity or 3,000 transactions per month limits are exceeded. If customer uses excessive bandwidth (as determined by Sintel Systems), or storage space in excess of 1GB capacity or 3,000 transactions per month, customer may be assessed additional charges, have Cloud Services suspended or terminate this Agreement. MODIFICATIONS. At our discretion Sintel Systems may modify or suspend Cloud Services or support services to comply with any rules, regulations and by-laws of the Card Companies and any federal, state or local laws or regulations, whether existing as of the date hereof or hereafter adopted or for any reason as determined necessary by Sintel Systems. COMMERCIAL ADVERTISEMENTS VIA E-MAIL; RESTRICTIONS. Customer shall not use any services provided by or through Sintel Systems, Customer’s account or server to send or facilitate in any way the transmission of unsolicited commercial email in violation of any federal or state laws or regulations. Substantial penalties will be enforced including charging Customer for related network costs and terminating the account, for violations. Customer agrees not to use or permit use of the services, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may (a) menace or harass any person or cause damage or injury to any person or property, (b) involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters’ (e) constitute an infringement of intellectual property or other proprietary of Sintel Systems or its partners, affiliates, subsidiaries, parent company, or third parties rights, or (f) otherwise violate applicable laws, ordinances or regulations. Sintel Systems, in addition to any other rights afforded to Sintel Systems under this Agreement, reserves the right to remove or disable access to any material that violates the foregoing restrictions. Neither Sintel Systems nor its Partners shall have any liability to Customer in the event that Customer takes such action. Customer agrees to defend and indemnify Sintel Systems nor its Partners against any claim arising out of a violation of Customer’s obligations under this Section. FEES. Except as otherwise set forth on the cover page, Customer agrees to pay Sintel Systems or its Partners each month the Cloud Service fee for full access to the Cloud Service features (the “Cloud Monthly Fee”) by ACH as specified on the Customer Application and in the manner provided herein. Customer acknowledges that if the cloud fee is bundled with “Support (Premium Standard or Premium Plus Support)” then the total fee is the Cloud Monthly Fee and will not be separated from Support. Customer acknowledges that the Cloud Monthly Fee will not be prorated but that Customer will be charged for the whole calendar month if Customer uses Cloud Services for any day in any given month. Customer hereby authorizes Sintel Systems or the authorized party or their respective banks to debit any Customer account (including any Customer account maintained by Customer to which access has been granted to any affiliate of Sintel Systems) periodically for any fees or other payments due from Customer to Sintel Systems or the authorized party hereunder. Customer agrees and acknowledges that Customer will be charged the Cloud Monthly Fee according to Sintel Systems price schedule plus any labor costs including without limitation onsite service costs, if applicable, subject to all of the limited rights, restrictions and obligations set forth herein. Customer acknowledges and agrees that from time to time, Sintel Systems may increase the fees and charges for providing Cloud Services and may initiate as soon as the completion of the first 12 months of service. BILLING. The billing and cost of the cloud and database services commence at the time when the service is established by the submittal of the ACH form. There is no grace period. Monthly payment for this service are debited at least 15 days before the period for which the service is intended. If service is established in the middle of any calendar month, the remaining month fees in prorated form and the following period’s fees will be due and will be deducted via ACH. If we are unable to deduct the fees via ACH, the service will be suspended without notice. The 15 days or more billing is intended to avoid service interruption in case of payment deduction failure. ANNUALL FEE. We may assess an annual fee equal to up to one month’s payment in January of each year. Non-assessment in one calendar year does not guarantee non-assessment in following years and we reserve to right to collect a previous years annual fee the following year in January and February. MONTHLY FEE ADJUSTMENTS. Cloud based systems require bandwidth and storage space. The requirements of bandwidth and storage space not only increase with time associated with natural cost increases in the market such as energy and labor, but costs also increase due the accumulation of data and increased bandwidth required to maintain and operate the system. The addition of sale data, expansion of menu items, frequency of use contribute to increase in storage and bandwidth usage. The monthly cost of cloud and associated services may be increased after the first 12 months of service, but user reserves the right to cancel service within 30 days of increase and all services will be terminated. TERM. Cloud services which include, but are not limited to database server management, cloud storage/synch services, terminal connection, backup, and back office and which are typically bundled with support and listed on the purchase order have a minimum term of 13 months for systems that are purchased. Cloud service terms for finances and leased systems correspond to the terms of the lease and finance. Cloud service is non-cancellable. In case of termination the remaining monthly payments are due at cancellation.
10) Technical Support-Premium Plus Sintel Systems offers to types of support including Premium Plus Support and Standard Support as outlined in Section 10 below. Request for Premium Plus support is offered at the discretion of Sintel Systems and on a case-by-case basis. All Premium Plus Support plans have a 36-month term and may either be terminated/adjusted at the discretion of Sintel Systems or terminated without any penalty by the client if the business terminates operation permanently. Premium Plus support services include all the benefits of support and include the following additional benefits. 1) Software Licensing POS – POS Software is fully discounted. 2) Software Licensing – POS Back Office Software fully discounted. 3) Full Support. 4) Professional Back Office. 5) Cloud Services (Data Backup). 6) Database Management. 7) Unlimited Data Retention and Unlimited Inventory. 8) Menu Configuration and Future Changes. 9) Retention of Unlimited Sales History Data. 10) Replacement Warranty. 11) Software Version Updates and Upgrades at no Charge. 12) Bandwidth 13) Unlimited Training. 14) 3-Year Price Increase Protection – No increased in service pricing for the first 36 months. Standard Support Plan Subject to Change after first 13 months. 15) No Annual Fee – No Annual Support Fee as Charged Under Premium Standard Support Plan. 16) Discount on Hardware Purchase. The monthly cost of Premium Plus Support is determined by several factors including type of business, volume of transactions, size of menu and inventory, bandwidth requirements. Cancellation of the Premium Plus Support plan by customer for any reason other than termination of business before the 36 month term is equal to the cost of POS Software(s) provided at the time of sale. Request for change from Premium Plus to Standard Support plan carries a fee equal to two times the monthly cost of the Premium Plus Support Plan.
11) Technical Support-Premium Standard All complete point of sale (POS) packages include a 30-day grace period for technical support offering the customer the opportunity to experience technical support and is refundable if the customer contact Sintel Systems 30 days or less than the receipt of the point-of-sale systems and requests a cancellation. The grace period does not apply to franchise customers who must purchase and maintain Technical Support for many reason including required system upgrades which require technical support to maintain a franchise-wide uniform system. The 30-day grace period does not apply to (1) renewal plans for existing customers, (2) technical support purchased by a new owner(s) of an existing Sintel Systems POS customers, (3) to technical support purchased as part of only software purchase, (4) existing customers who open and purchase POS for a second or any subsequent store, (5) customers who purchase POS systems for multiple locations at once, (6) cloud based systems and/or (7) any other partial purchase.
REFUND POLICY: Contact Sintel Systems within 30-days of receiving a complete POS system to request a refund on eligible purchase. Any promotions, discounts, or free upgrades provided as part of the complete POS package will be deducted from the package and a refund issued in the same format as original payment. Customers who cancel support and are issued a refund may not be eligible for future FGOP pricing and may have to pay the full support price if future support is needed.
All customers must purchase Technical Support Service to receive service and in certain instances maintain the right to use the software licenses as outline in section 13 (License) below. Support 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. Standard support is offered weekdays from 9am to 7pm PST. 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.
Technical Support Terms: Technical support is non-refundable/non-cancelable (except for 30-day new complete POS package purchase provision) by customer for any reason. Sintel Systems is under no obligation to renew technical support. Sintel Systems reserves the right to disallow renewal for any reason or cancel the support and issues a pro-rated refund for any time remaining.
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, Payments: Technical support is provided and priced on an annual basis. Payments for annual technical support must be made in one payment. Any discounts in money or free extensions are only applicable to the timeline specified and do not represent the renewal rate. Technical support may also be offered on a monthly basis with a minimum of 12 months at a specified rate. Payments for monthly support must be made via ACH (automatic bank checking account debit) and customer agrees to provide needed documentation including, but not limited to a signed and voided check and the appropriate ACH debit authorization form signed. Payments received, beyond the first payment, in any form other than ACH including, but not limited to check, charge cards, debit cards, or money order will have an added fee of $5.00 or 10%, whichever is greater. Furthermore, any ACH payment returned unpaid will incur and additional $35.0 return fee.
REQUIRED SUPPORT – In conjunction with other sections of this document, a Support plan is required for all Retail POS Systems and/or Cloud based systems. The support may be on an annual basis or bundled/combined with Cloud services on a monthly basis. Purchase Agreements listing the annual support are required to renew the annual support at expiration. In such instances the monthly cloud fees are heavily discounted and do not cover the cost associated with overall database maintenance, storage and bandwidth costs including those laid out in Section 9.2 (Cloud Services – Terms & Fees). Failure to renew may result in 1) disruption of services, 2) termination of services, and/or 3) the addition of the monthly fee to the cloud services, or 3) collection of fees due. None collection of the annual fee or disruption of services does not waive our right to collect at a later date or impose the fee at any time after. Customers not wanting pay the annual fee may 1) request it be added to the monthly cloud fee or 2) terminate using the POS system.
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.
System Configuration & Menu Setup – The configuration of the system and menu setup are part of technical support. The systems configuration in a complete POS systems purchase which includes the installation o f the software and configuring it (except the menu) is part of technical support. Menu configuration is also part of support, but the menu items with several identifying information must be provided to Sintel Systems in an excel template format. The template will be provided by Sintel Systems. Proving the menu in any other format is not acceptable and will incur additional cost for us to transfer the menu into the template. The timeline for configuring a menu once the menu is provided in template format is 30 business days.
Technical Support Pricing Information:
The pricing provided by Sintel Systems (“We”) 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 small businesses to grow into franchise operations. The difference between the market price and FGOP is offered to the business to utilize for 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 and is in many instances lower than our competitors.
How much FGOP for the first terminal?
Sintel Systems will subsidize the technical support plan from $1,500 for 12 months and subsidize the price to $795 (a $705) value thereby affording the business owner an additional $705 for other purposes.
How much FGOP for additional terminal(s)? Sintel Systems will subsidize the technical support plan for additional terminals at the same location from $1,500 for 12 months and subsidize the price to $400 (a $1,100) value thereby affording the business owner an additional $1,100 for other purposes.
How much is the average subsidy as a result of FGOP?
The average franchise oriented business will acquire two terminals and the subsidy offered by Sintel Systems is a sizable $1,895 for the owner of the business to use for other efforts such as marketing to encourage growth.
Why does Sintel Systems offer FGOP?
Sintel Systems succeeds when its customers succeed. We want do all we can to help our customers succeed and establish a mutually beneficial relationship. We are there for our customers when they are at their infancy and if they succeed in expansion beyond one store into multi-store operations, franchises or licensee operations, so by accepting to purchase a POS system with FGOP pricing they are committed to staying with Sintel Systems through the life of the operation for all their POS needs including technical support, single store gift card processing, Multi-Location Gift Card Processing (MLGCP), obtain gift cards from us, maintaining the support plan for every locations, and maintain merchant account services through Sintel Systems and a merchant account provider selected by Sintel Systems.
Can FGOP vary based on the customer?
Yes. Sintel Systems reserves the right to discontinue FGOP at any time for any reason. Common reasons FGOP may be discontinued for an existing customer include by reaching a franchise size that 1) place a large administrative and technical support demand on Sintel Systems or 2) the customer is large enough to sustain growth with the need for FGOP. This number of stores typically required to cease the benefits of FGOP is ten (10) total stores under one owner or in one franchise or chain of operations. There is no definite number or condition that should be inferred from this and it is up to the discretion of Sintel Systems to determine this. Customers and/or franchise chains who decide to discontinue the FGOP program for existing or future stores will be required to reimburse Sintel Systems for all subsidies received since inception. In case of licensees and franchisees, both the licensor (or franchisor) and licensee (or franchisee) will be liable for reimbursement of subsidies received from Sintel Systems.
How is a franchise defined under FGOP?
A franchise is defined as customer (or customers in case of partnerships, corporations, limited liability companies, etc.) who opens or operate more locations for the same product and /or service either by opening the store themselves under their name, as a franchise, or through licensee agreements.
The following examples offer some, but not all possible, circumstances defining a franchise.
Example 1: John opens up Best Frozen Yogurt and obtain POS from Sintel Systems under FGOP. Two years later, John opens up his second location in the next town. Under FGOP, he is obligated to come to Sintel Systems for POS system or forfeit his FGOP pricing by reimbursing Sintel Systems for the price difference from the commencement of operations at his first store. John is defined as the franchise.
Example 2: John opens up Best Frozen Yogurt and obtain POS from Sintel Systems under FGOP. Two years later, John allows Bob, under some agreement (franchise, licenses, etc.) or no agreement, to open up Best Frozen Yogurt. John must inform Bob that Bob must obtain his POS from Sintel Systems, or Bob needs to forfeit his FGOP pricing by reimbursing Sintel Systems for the price difference from the commencement of operations at his first store. John is defined as the franchise.
Example 3: John opens up Best Frozen Yogurt under some agreement (franchise, licenses, etc.) or no agreement from Frozen Yogurt Corp which does requires its franchises or to obtain a POS systems. John obtain POS from Sintel Systems under FGOP. Two years later, John opens up his second location in the next town. Under FGOP, he is obligated to come to Sintel Systems for POS system or forfeit his FGOP pricing by reimbursing Sintel Systems for the price difference from the commencement of operations at his first store. John is defined as the franchise.
Example 4: John only obtains POS for his second location from Sintel Systems under FGOP pricing. His first store does not have POS systems from Sintel Systems and is not subject to these terms. Two years later, John opens up his third and fourth locations. Under FGOP, he is obligated to come to Sintel Systems for POS system or forfeit his FGOP pricing by reimbursing Sintel Systems for the price difference from the commencement of operations at his second store. John starting with his second location is defined as the franchise.
What is Multi-Location Gift Card Processing (MLGCP)?
Sintel Systems utilizes and integrates a MLGCP system into our point-of-sale (POS) systems to allow for the integrated processing of multi-location/store gift cards allowing multiple locations to issue and accept gift cards across multiple locations. Customers with more than one location are not subject to mandatory enrollment into MLGCP program; however, under the FGOP pricing guidelines, a franchise operation is obligated to obtain and maintain any 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. Sintel Systems does not hold funds or is responsible for funds associated with MLGCP. Most common, MLGCP funds are held by a single owner of multiple locations or the franchisor/licensor of multiple location. The MLGCP system simply facilitates the transfer of funds between the multiple locations and a centralized account managed by either the customer of the franchisor/licensor.
Are the fees associated is Multi-Location Gift Card Processing (MLGCP)?
The MLGCP is processed through a programs that is fully integrates the POS transaction with the system. The system is on the cloud which allows for the storing of the data, synching of the data, retrieval and updating of the data. There is a monthly fee based on several factors including volume or fixed price. The fee is for the use of the system and support for the system including training on the system and assistance with transactions. The fees does not entitle the user to any other services including, but not limited bulk retrieval requests of the data for marketing or other purposes. Ownership of the system and data remains with us. An active technical support and continuous plan entitles the user to request the data for only marketing purposes. Other Fees – We waive the initial fee to establish the database and configure the system. Cancellation of the service due to the permanent closure of the business at its existing carries no termination fee. Moving a business to another location is not considered permanent closure of the store. If cancellation is requested for any other reason including, but not limited to switching to another POS or gift/loyalty card provider carries a $300 per location cancellation fee payable at either closure or in the case of bulk data request at the time of the bulk data request, which ever occurs first. Bulk Data Request – If bulk data requests is made for the purposes of obtaining another POS or gift/loyalty card provider, 1) the request must be made at least 10 business days in advance in writing and 2) carries a minimum $495 per 5,000 records fee and each increment of 5,000 thereafter at $495. The cancellation fee and data bulk request fee are due at the time of the request. Expediting Request – The work involved in miming and retrieval of the data is time consuming and therefore we ask for at least a 10 business day notice. In certain circumstance we may be able to expedite the matter to as little as 24 hours based on our workload and schedule. If we are able to accommodate such a requests and an additional $295 is due for the service. We do not guarantee that we will be able to accommodate such requests, but will inform you at the time of request..
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 of separating a single locaiton from the franchise as follows: 1) A six (6) week notice is required for this transfer. 2) A $300 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.
What if the customer does not want FGOP?
Any customer is free to choose to opt out of FGOP; however, great flexibility is provided with that as well. The customer can take advantage of FGOP when they open their first location. In the rare instance the customer decides that they do not want Sintel Systems as the POS provider, then simply reimburse us for the subsidy ($705 for first terminal and $1,100 for each additional terminal). That simple.
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?
The transferability of a technical support plan depends on the circumstance. A support is only transferable in cases of ownership of a business at the same location. POS systems sold to outside of the business which the POS systems was sold to are not transferable. Technical support is only transferable if and only if the business is sold/transferred to another person at the same location and has more than 90 days of support reaming as of the transfer date and the new owner purchases a 12-month technical support plan. The transferred technical support plan is added to the 12 month.
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 All customers must maintain a minimum a Static IP internet connection with a minimum of of 6 Mbps download and 60 Mbps upload which is utilized for merchant account processing, cloud based gift/loyalty card processing, cloud-based software services, on-demand technical support, and periodic maintenance including updates/upgrades as part of technical support plan. 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) License The software license(s) to POS software obtained from Sintel Systems remain the property of Sintel Systems unless specifically stated as a software license purchase. Sintel Systems commonly grants the use of its software with complete POS packages and customers may continue its use while maintaining technical support. Customers who do not wish to continue technical support may 1) return the software license(s) to Sintel Systems or 2) purchase the license from Sintel Systems. This option may not be available in certain instances including, but not limited to exclusive franchise partners. See section 26 (Additional Terms & Conditions) or contact Sintel Systems for details if you are part of a franchise.
None of our licenses allow for redistribution in any way or form, even if heavily altered.
14) OwnershipYou cannot claim intellectual property right or exclusive ownership to any of our products, modified or unmodified.
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 LimitationsA 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 of this agreement
19) Merchant Account Policy Sintel Systems is a total solutions provider with integrated credit card processing including optional EMV technology. This allows for a one-stop solution for all your Point of Sale needs. No need to call third parties for assistance. Our setup, software, for credit card processing has no integration fees. Simply fill out the application via web form or phone application and Sintel Systems will take care of the rest. Sintel Systems does not integrate with third party merchant account processors.
Cancellation Fee: There are costs associated with the configuration, integration or embedding, and set up of merchant accounts and each terminal that can accept charge cards averages $300 per terminal in cost. Sintel Systems does not charge for this service initially and does not recoup this cost. Customers who obtain merchant account services through Sintel systems and avoid all costs will be charged a $300 cancellation fee per terminal if they terminate their merchant agreement with the Sintel Systems or merchant account provider offered through Sintel Systems. Ceasing the use of the merchant account for more that 90 days without cause (seasonal, unanticipated, and construction purposes which lead to temporary stoppage in the use of the merchant account are exempt) will consider the merchant account terminated and termination fee due immidialty. 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: A Static Internet connection with at least 6 Mbps upload and 60 Mbps download speed 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.
20) Software, Operating System & Cloud Services 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 system. The major levels of software support which include offering updates to protect the operating systems are provided by the developer and manufacture of the operating system. 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. 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 the third party’s 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. Under the support agreement, Sintel System will facilitate any upgrades and customer will be responsible for additional hardware and software costs.
The POS software provided by Sintel Systems may be in the form of local-based or cloud-based software. Local based software and its accompanying database, menu, operations, and back office controls/reports are installed on the POS system hardware only. Cloud based software and its accompanying database, menu, operations, and back office controls/reporting are installed on the POS system hardware and also has features that require a monthly cloud service payment and contract. Cloud based systems will not function without the monthly cloud service and timely monthly payment. The cloud is defined as remote servers and computers located in confidential locations which store and transmit the data and operations of the POS at a customer’s location and require a Static IP internet connection with a minimum of Mbps download and 60 Mbps upload. The utilization of cloud services constitutes the physical occupation of hardware space with accompanying cost and maintenance from the instance the database in established.
Cloud – Cloud services which include, but are not limited to database server management, cloud storage/synch services, terminal connection, backup, and back office and which are typically bundled with support and listed on the purchase order have a minimum term of 13 months for systems that are purchased. Cloud service terms for finances and leased systems correspond to the terms of the lease and finance. Cloud service is non-cancellable. In case of termination the remaining monthly payments are due at cancellation.
Cost & Billing – The billing and cost of the cloud and database services commence at the time when the service is established by the submittal of the ACH form. There is no grace period. Monthly payment for this service are debited at least 15 days before the period for which the service is intended. If service is established in the middle of any calendar month, the remaining month fees in prorated form and the following period’s fees will be due and will be deducted via ACH. If we are unable to deduct the fees via ACH, the service will be suspended without notice. The 15 days or more billing is intended to avoid service interruption in case of payment deduction failure.
Annual Fee & Adjustments – We may assess an annual fee equal to up to one month’s payment in January of each year. Non-assessment in one calendar year does not guarantee non-assessment in following years and we reserve to right to collect a previous years annual fee the following year in January and February. Cloud based systems require bandwidth and storage space. The requirements of bandwidth and storage space not only increase with time associated with natural cost increases in the market such as energy and labor, but costs also increase due the accumulation of data and increased bandwidth required to maintain and operate the system. The addition of sale data, expansion of menu items, frequency of use contribute to increase in storage and bandwidth usage. The monthly cost of cloud and associated services may be increased after the first 12 months of service, but user reserves the right to cancel service within 30 days of increase and all services will be terminated.
IMPORTANT NOTE: Software Only Purchases. Customers have the option of purchasing only software licenses without obtaining hardware from Sintel Systems. All software purchases must be accompanied by a technical support plan and cloud service when applicable. Sintel Systems takes no responsibility for the compatibility and continued operations of the software installed and operating on hardware not obtained from Sintel Systems. Provisions of hardware loaner program, hard drive replacement, and/or data recovery efforts are also excluded.
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 New Jersey, 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 (California), 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, the prevailing party 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, 2007.
23) Cancellation & Other FeesThere are several cancellation and other fees Sintel Systems charges including, but not limited to, FGOP opting out fee, third party merchant account processing fee, MLGCP cancelation fee, 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.
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 immediately contact Sintel Systems and seek available options including possibly return of merchandise to Sintel Systems according to “Our Refund Policy.” Please note that Sintel Systems must be contacted within seven (7) of purchase of equipment if a refund is desired and ONLY if the purchase qualifies for a refund and all returns must be accompanied by a return merchandise authorization (RMA) number. No exceptions will be allowed.
Sintel Systems does not operate any retail stores for the sale of its products. Sintel Systems only provides support services through any of its local offices where customers may visit. All products aare shipped directly to customers from their respective facilities and pickup is not available. It is the responsibility of the purchaser to report and 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. The sale of all goods are transacted and are delivered to customers from out of the State of the customer’s location.
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. 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 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.
24) Waivers & ExclusionsA 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) ProgramSintel 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 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? You are free to purchase a system, however, you will have to purchase a 12-month support/service at the current market rate (2013 Price: $1,500 for first terminal and $1500 for any additional terminal for the same location) plus pay a one-time $750 per terminal transfer fee. Please note that used products may or man not have warranty protection plan and Sintel Systems is not responsible for the purchased product. Also note that it is up to the discretion of Sintel Systems to process this request or deny it in its entirety.
** I am a current Sintel Systems customer, can I purchase a used POS system from a Sintel Systems customer and use it for my current businesses? You are free to purchase a system, however, you will have to purchase a 12-month support/service at the current market rate (2018 Price: $1,500 for first terminal and $1500 for any additional terminal for the same location) plus pay a one-time $1,000 per terminal transfer fee. Please note that used products may or may not have warranty protection plan and Sintel Systems is not responsible for the purchased product. Also note that it is up to the discretion of Sintel Systems to process this request or deny it in its entirety.
** 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 terminate any service agreement including, but not limited to monthly support, annual support, and cloud services upon or after the expiration of the term period. If termination is deemed necessary at the discretion of Sintel Systems, customer will be notified up to 60 days in advance and waive all cancellation fees.
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.
28) Lease & Finance Terms & Conditions
If you are leasing equipment, products, or services, see “NON CANCELABLE EQUIPMENT & SERVICE FINANCE LEASE AGREEMENT – TERMS & CONDITIONS” here