Customer Terms
These Terms cover buying SnapPOS: quotes and orders, hardware, installation, support, payment and card processing. Using the software itself is covered by the End User Licence Agreement, and what this website collects is covered by the Privacy Policy. Every quote names the version of these Terms that applies to it.
About These Terms
These Customer Terms (these "Terms") govern the purchase of SnapPOS software, hardware and services by the business named on an accepted Order (the "Customer", "you") from SnapPOS, LLC, a Texas limited liability company ("SnapPOS", "we", "us").
Your use of the SnapPOS software itself is also governed by the SnapPOS End User Licence Agreement (the "EULA"). These Terms cover the commercial side: what you order, what it costs, how it is delivered, installed and supported, and how card processing relates to it.
If documents conflict, they apply in this order: (a) the Order; (b) any Payment Plan Addendum; (c) these Terms; (d) the EULA. The EULA always controls the scope of the software licence, the restrictions on its use and the ownership of the software.
If you are accepting on behalf of a business, you represent that you have authority to bind that business.
1. Definitions
- Order: a written quote, order form or invoice issued by SnapPOS that you have accepted as described in Section 2.
- Software: the SnapPOS point-of-sale software in the edition shown on the Order (Lite, Core, Pro or Restaurant), any add-on modules shown on the Order, and the SnapPOS Android apps.
- Hardware: computers, tablets, monitors, printers, scanners, cash drawers, card terminals and other equipment supplied by SnapPOS under an Order.
- Services: installation, configuration, data import, training and support performed by SnapPOS or an Agent.
- Agent: a technician, installer or independent sales organisation (ISO) trained and authorised in writing by SnapPOS to sell, install or support the Software.
- Go-Live: the day the Software first completes a sale at your premises after installation.
- Processor: the payment processor, gateway or acquiring bank that processes your card payments.
2. Quotes and Orders
2.1 Quotes
A quote is valid for thirty (30) days from its date unless it says otherwise. Prices are in US dollars and exclude taxes.
2.2 Forming an Order
An Order is formed when you accept a quote in writing (a signature, an electronic signature or a reply by email is enough) and pay any deposit it requires. Nothing is ordered, reserved or scheduled until then.
2.3 Scope
The Order lists the Software edition, the number of registers, any add-ons, the Hardware and the Services. Anything not listed on the Order is not included.
2.4 Changes
Changes to an accepted Order, including added registers, different Hardware or a new install date, must be agreed in writing and may change the price and schedule.
3. Software
3.1 Editions
The Software is sold as Lite, Core, Pro or Restaurant, with the register count and features published for that edition on the date of the Order. Add-on modules may be added at any time at the published price.
The SnapPOS Android app runs the same editions and add-on modules as the desktop Software and is licensed the same way, by licence key, at the same price. Unless the Order says otherwise, an Android licence is for use on one tablet.
3.2 One-Time Licence
The Software licence fee is paid once. It is not a subscription, the licence does not expire, and no recurring fee is required to keep using the Software. SnapPOS will not remotely disable, lock or degrade an activated register, including for non-payment. Our remedies for unpaid amounts are those described in Sections 7 and 8.
3.3 Trial Period
An installation that has not yet been licensed runs as a trial for fourteen (14) days from first use, with every add-on module switched on. A licence key issued under an Order converts it to a licensed installation without reinstalling, and from then on the licence decides which add-on modules stay on. If no licence key is loaded by the end of the trial, the installation keeps taking cash sales, but card payments and add-on modules switch off and settings are locked until a licence key is loaded. Nothing is deleted.
3.4 Licence Key and Business Name
Each licence key records your business name, which prints on your receipts, and cannot be changed by you. If your business name changes, or you lose your licence file, we will reissue it on request to support@snappos.net at no charge.
3.5 Updates
SnapPOS may release updates. A licensed desktop installation can download and install a published update itself, from its settings, at no charge, and can switch back to the version it was running before. Updates for Android tablets are installed by SnapPOS or an Agent, at no charge for the update itself. Help with an update is part of Software Support (Section 6.2); an onsite visit is billed under Section 6.3 unless a plan covers it. SnapPOS is not obliged to release updates.
4. Hardware
4.1 Supply
Hardware is new or refurbished third-party equipment, as stated on the Order, resold by SnapPOS. If an item becomes unavailable we may substitute an item of equal or better specification, and will tell you before we do.
4.2 Delivery, Risk and Title
Risk of loss or damage passes to you when the Hardware is delivered to your premises. Title passes to you when the Hardware has been paid for in full. Until then, Section 8.3 applies to Hardware bought on a payment plan.
4.3 Warranty
Hardware carries only the manufacturer's warranty, which we pass through to you. SnapPOS gives no separate warranty on Hardware. We will help you make a warranty claim; the labour involved is included for thirty (30) days from Go-Live and under a plan that covers it, and otherwise billed at the published rate.
4.4 Faulty on Arrival
Tell us within seven (7) days of delivery if an item does not work when it arrives, and we will repair or replace it at no charge.
4.5 Returns
Unused Hardware in its original, unopened packaging may be returned within fourteen (14) days of delivery, less a restocking fee of 15% of its price. Special-order items, Hardware we have configured or installed, and card terminals that have been loaded with payment encryption keys cannot be returned, except under Section 4.4.
4.6 Card Terminals
A card terminal you have paid for is yours, and stays yours if you later change Processor. Moving a terminal to a new Processor may require it to be reloaded with that Processor's encryption keys, which may involve a third-party fee.
4.7 Your Own Equipment
If you use equipment you already own, you are responsible for its condition, its licences and its compatibility. Any compatibility advice we give is given in good faith but is not a guarantee.
5. Installation and Agents
5.1 Who Installs
The Software is installed only by SnapPOS or an Agent. Every Agent is trained by SnapPOS before being authorised. Agents act for SnapPOS in selling, installing and supporting the Software. An Agent has no authority to change prices, change these Terms, make promises on SnapPOS's behalf beyond the Order, or take payment, unless the Order says an Agent may collect a stated amount.
5.2 Agents Who Are Also Processing Sales Organisations
Some Agents are independent sales organisations (ISOs) that also offer card processing. When an Agent offers you a merchant account, that offer is the Agent's own business, made on behalf of the Processor it represents, and is not made by or for SnapPOS. You are not required to accept it to buy, install or keep the Software. Such an Agent may be paid by that Processor if you sign with it, and SnapPOS may be paid by the Agent, either for the Software directly or as a share of the Agent's processing compensation (see Section 9.5). Whatever the arrangement between SnapPOS and the Agent, your price for the Software, Hardware and Services is the price on your Order.
5.3 Checking an Installer
A genuine installation is licensed to your business name, which prints on your receipts. If you are unsure whether an installer is authorised by SnapPOS, contact us at support@snappos.net or 903-483-4219 before allowing the installation to proceed. SnapPOS is not responsible for installations, charges or promises made by anyone who is not an authorised Agent.
5.4 Your Responsibilities
Before the install date you will provide: power and a working network or internet connection at each register; access to the premises during the agreed time; administrator access to any existing equipment we are to use; your product, menu or price data in a usable form; and your Processor and card terminal details. Delays or extra visits caused by these not being ready may be billed at the published rate.
5.5 Scheduling
Installations take place during normal business hours unless the Order includes an after-hours or weekend go-live, which carries the published fee.
5.6 Data Import
We import products, menus, prices and customers from the files you supply. You are responsible for checking imported prices, tax settings and items before Go-Live. We are not responsible for errors that come from the data you supplied.
5.7 Go-Live
At Go-Live we will complete a test sale with you. Please report anything that is not working as described; problems with the Software itself are covered by Software Support in Section 6.2 for as long as you use it.
6. Support
6.1 Training
Every installation includes hands-on training for you and your staff at Go-Live, one scheduled follow-up training session delivered by SnapPOS or an Agent, and help with training questions by phone or remote session for thirty (30) days from Go-Live (the "Training Period"). Training after the Training Period is available per session at the published rate, or under a plan that covers it.
6.2 Software Support
For as long as you use the Software under a valid licence, SnapPOS will help you with problems in the Software itself at no charge: defects, questions about how its features work, licence reissues, and recovering your data after a fault in the Software ("Software Support"). Software Support does not cover hardware repair or replacement, onsite visits, your computers, printers, network or internet service, your Processor or other third-party systems, re-training after the Training Period, or problems caused by changes made by anyone other than SnapPOS or an Agent.
6.3 IT Services and Plans
IT services for the rest of your business, including computers, printers, network, Wi-Fi, email and onsite visits, are available per call at the published rate, or under an optional plan from PC Guru, SnapPOS's IT services partner and affiliate. Plans are separate services governed by their own terms. Taking, declining or cancelling a plan never affects your Software licence, your data or your Software Support.
6.4 Remote Access
Remote access to your equipment happens only with your permission, and only for as long as needed to resolve the issue.
7. Fees, Payment and Taxes
7.1 Fees
Fees are as stated on the Order. Unless the Order says otherwise, a deposit of 50% of the Hardware price is due when the Order is accepted, and the balance is due at Go-Live.
7.2 Taxes
Prices exclude sales, use and similar taxes. You will pay any such taxes that apply to your purchase, unless you give us a valid exemption or resale certificate.
7.3 Late Payment
Amounts not paid when due may bear a late charge of 1.5% per month, or the highest rate allowed by law if lower, and we may recover reasonable costs of collection. While an amount is overdue we may pause Services, but we will not disable the Software (Section 3.2).
7.4 Third-Party Costs
Fees charged by third parties are not included and are paid by you to them. These include Processor and gateway fees, internet service, and any repair not covered by a warranty or plan.
8. Payment Plans
8.1 Availability
At our discretion, Software, Hardware and Services may be paid in instalments. A payment plan is governed by a Payment Plan Addendum that states the amount, the number and dates of payments, and any finance charge.
8.2 Not a Subscription
A payment plan has a fixed number of payments and an end date. When the last payment is made, nothing further is owed for the items it covered.
8.3 Security Interest in Hardware
Until Hardware bought on a payment plan is paid in full, SnapPOS retains title to it and you grant SnapPOS a security interest in it to secure the unpaid balance, and you authorise SnapPOS to file a financing statement. Until then you will keep that Hardware at your premises, in good repair and insured, and will not sell, lend or pledge it.
8.4 Default
If a payment is more than fifteen (15) days late and remains unpaid ten (10) days after we send written notice, the remaining balance becomes due at once. We may then pursue collection and, for Hardware still subject to Section 8.3, recover it as the law allows. We will not disable the Software (Section 3.2).
8.5 Early Payoff
You may pay off a payment plan early at any time without penalty.
9. Card Processing
9.1 Your Processor Agreement
Card processing is provided by your Processor under a merchant agreement between you and that Processor. SnapPOS is not a party to that agreement, is not a payment processor, and does not hold, receive or move your funds. SnapPOS is not responsible for approvals, declines, funding, holds, reserves, chargebacks, rates or fees under your Processor agreement.
9.2 Choice of Processor
The Software works with most major processors. Nothing in these Terms requires you to use any particular Processor, and keeping your current Processor has no effect on your licence, pricing or support.
9.3 Processor Matching
SnapPOS offers a free processor matching service. If you ask for it, we review your recent processing statements and obtain proposals from one or more Processors, to look for lower monthly costs and for contributions toward your SnapPOS setup (see Section 9.4).
- Consent to share. By asking for matching, you authorise SnapPOS to share your processing statements and business details with the Processors we request proposals from, for the sole purpose of preparing those proposals. We do not sell them or share them for any other purpose.
- Estimates only. Any savings figure is an estimate based on the statements you provide and each Processor's pricing at the time. Your actual rates and fees are set by the Processor in its own agreement and may change under that agreement. SnapPOS does not guarantee any saving.
- Your decision. You are not obliged to accept any proposal. Declining every proposal has no effect on your Order, licence or support.
- Not the whole market. We request proposals only from Processors we work with, so a comparison does not cover every Processor available to you.
9.4 Processor Contributions
Some Processors contribute toward the cost of the Software, Hardware or integration when a merchant moves its processing to them. A contribution may be paid to SnapPOS and applied to your Order rather than paid to you. Any contribution is the Processor's decision, under the Processor's own terms, which may require repayment if you close or move your merchant account early. SnapPOS does not guarantee any contribution.
A Processor may recover the cost of a contribution through its rates and fees. When comparing proposals, compare the total cost over the term of the Processor agreement, not only the contribution.
If an Order states that a fee is covered by a Processor contribution, and the contribution is not paid because your merchant account is not approved, is not opened, or is closed within the period the Processor requires, that fee becomes payable by you at the price shown on the Order.
9.5 Our Compensation
SnapPOS, its affiliates or its owners may receive compensation from Processors, gateways or their agents, including an ongoing percentage of processing revenue, when you sign with a Processor we propose or support. SnapPOS may also receive part of the compensation an Agent earns from a Processor. The amount can differ between Processors, and some Processors pay us nothing.
This compensation does not change the price on your Order. On request, we will tell you whether SnapPOS or the Agent is paid by any Processor we have proposed to you.
9.6 Card Security
You remain responsible for your own obligations as a merchant, including under the Payment Card Industry Data Security Standard and your Processor agreement, as described in the EULA.
9.7 Card Holds, Tabs, Tips and Offline Payments
When you use tip on the slip or bar tabs, the guest's card is authorised for a hold and the final amount, including any tip, is collected when your day's batch is closed. Whether tips can be added after a sale, and how large a tip can be before a further authorisation is needed, are set by your Processor and your merchant category, not by SnapPOS. A hold that is not closed in time may expire under card network rules, and SnapPOS is not responsible for an amount that could not be collected as a result.
If you switch on offline card payments, the card terminal accepts a payment before it is approved and sends it when the connection returns; it can still be declined then, and you bear that risk. If you add a card surcharge, you are responsible for making sure it is allowed in your state and complies with card network rules.
10. Your Data and Backups
10.1 Your Data Stays With You
The Software runs on your own equipment. Your sales, inventory, staff and customer records are stored there, not by SnapPOS, and they remain yours.
10.2 Backups
You are responsible for backing up your data.
The Software can email backups to you automatically, and we recommend turning that on at installation. On the Android editions, your data is stored on the tablet itself: uninstalling the app erases it, and a lost or broken tablet takes with it anything that was not backed up. SnapPOS does not hold a copy of your data and cannot restore data that was not backed up.
10.3 Data We Handle
During installation and support we may see or handle your data. We will use it only to perform the Services, keep it confidential, and not keep copies once the work is done, except as our Privacy Policy describes for information you send us.
10.4 Your Customers
If you use the Software to record information about your own customers, you are responsible for your own privacy obligations to them, including having their consent before you send them marketing email or text messages with the Software, and following the laws that apply to those messages.
10.5 Staff Hours, Tips and Payroll
The timecard, tip and payroll features keep records and produce export files for you or your payroll service. They do not calculate or withhold tax and are not payroll or legal advice. You are responsible for checking those records before paying anyone, and for complying with wage, overtime, tip and payroll laws.
11. Warranties and Liability
11.1 Services
We will perform Services with reasonable care and skill. If a Service was not performed that way and you tell us within thirty (30) days, we will re-perform it or, if we cannot, refund the fee paid for that Service. That is your only remedy for Services.
11.2 Software and Hardware
The Software carries the limited warranty in the EULA. Hardware carries the manufacturer's warranty only (Section 4.3).
11.3 Disclaimer
EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND THE EULA, THE SOFTWARE, HARDWARE AND SERVICES ARE PROVIDED "AS IS" AND SNAPPOS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
11.4 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNAPPOS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, BUSINESS OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY. SNAPPOS'S TOTAL LIABILITY UNDER AN ORDER SHALL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID UNDER THAT ORDER IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
11.5 Exceptions
Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence.
12. Cancellation and Refunds
12.1 Before Installation
You may cancel an Order by written notice before installation begins. We will refund what you have paid, less the price of Hardware that cannot be returned under Section 4.5, any restocking fees, and the fee for any Services already performed.
12.2 After Activation
Once the Software has been activated with your licence key, the Software fee is not refundable except under the limited warranty in the EULA.
12.3 Services
Services already performed are not refundable except under Section 11.1.
13. General
13.1 Disputes
Before starting any legal proceeding, each party will try in good faith to resolve a dispute by written notice and discussion for thirty (30) days. Either party may bring a claim within the jurisdiction of a justice court without waiting.
13.2 Governing Law and Venue
These Terms are governed by the laws of the State of Texas without regard to conflict of laws principles. Venue for any dispute lies in the state or federal courts located in Gregg County, Texas, and the parties consent to that jurisdiction.
13.3 Changes to These Terms
We may update these Terms. The version in force on the date an Order is accepted applies to that Order. A new version applies only to Orders accepted after it is published.
13.4 Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including power or internet outages, supplier or carrier delays, and natural disasters, except for the obligation to pay amounts due.
13.5 Independent Parties
SnapPOS and the Customer are independent contracting parties. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between them.
13.6 Assignment
You may not assign these Terms or an Order without our prior written consent. SnapPOS may assign them in connection with a merger or a sale of substantially all of its assets, or to a lender or assignee of payment plan receivables.
13.7 Notices
Notices to SnapPOS may be sent to support@snappos.net. Notices to you may be sent to the contact details on your Order.
13.8 Entire Agreement, Severability and Electronic Signatures
The Order, any Payment Plan Addendum, these Terms and the EULA are the entire agreement between the parties on their subject matter. If any provision is unenforceable it will be reformed to the minimum extent necessary and the rest continues in effect. Failure to enforce a provision is not a waiver. These Terms and any Order may be accepted and signed electronically.
Acceptance
By signing an Order, or by accepting an Order that refers to these Terms in writing (Section 2.2), the Customer agrees to these Terms (Version 1.1).
Contact
SnapPOS, LLC
Texas, USA
Email: support@snappos.net
Phone: 903-483-4219