TERMS AND CONDITIONS
Website Terms: You agree that the POSQX website is for commercial use only, and that we offer no product, services or solutions with a refund and exchange policy. SumGuys, Inc. holds the right to change pricing of our product and services or solutions at anytime we feel it is necessary to insure quality of our products and service or solutions offered. We reserve the right to refuse selling equipment to non customers.
There are various forms on the site such as an information request, agent application and merchant account applications. This information is provided to POSQX to support the processing of the request.
We also collect the information required to process product orders on the site. This information is kept internally and only name, address and telephone number is provided to the delivery services we use.
Refund Policy: All Sales are final. No refunds are offered after the product has been delivered. In the case of refusal of a shipment, there is a 35% restocking fee. No signature is required for downloaded software or solutions. POSQX will assist with manufacture warranties for the first 30 days. After 30 days, we will assist the customer in contacting the manufacture for services on all warranties.
Software and used equipment sold cannot be returned or refunded. Any services provided can not be canceled or refunded.
Exchange Policy: In the case of a exchange due to shipping damage, or incorrect product shipped the following applies. (A) you must retain a return authorization from POSQX (B) The product must be returned in the original packaging (C) All requests for exchanges must be made with in 14 days for the product delivery. (D) If the product has been used or damaged by negligence of returning, there is a 35% of the cost of the product for refurbishing the product to a working state.
1. A Return Materials Authorization (RMA) number is required for all returns.
2. An RMA number is valid for 30 days.
3. The RMA number must be visible on all returns. Do not write on the original product box!
4. ScanSource does not accept returns of Print heads, Bar Code Media, Software or ServiceContracts.
5. Misships must be claimed within 15 days of ScanSource invoice date.
6. Product will be returned to customer under the following circumstances:
a. If a product is returned missing any components sent with the original order.
b. If the condition of the returned product is in any way misrepresented.
c. If the received product is damaged in any way.
d. If there is not a valid and visible RMA number.
e. If a product returned on a DOA is tested as full functioning product.
f. If product is received over 30 days after the date the RMA number is issued.
7. Solution Provider is ultimately responsible for the condition of the returned items. These policies should be communicated to their end-user customers.
8. The Solution Provider is responsible for cost incurred by ScanSource due to misrepresentation of the condition of product.
9. The Solution Provider is responsible for freight when returning products.
10. Product that is discontinued/obsolete from the supplier does not qualify for return.
NON-DOA RETURNS POLICY -
1. NO open box returns for non-DOA products. Product box must be clean and undamaged, with no marks of any kind. This includes writing, stamps or shipping labels. ie. Written RMA numbers. All products must be double boxed.
2. Original manufacturer's packaging, both inside and outside must be unused. Returns must be complete with all manuals, cables, warranty cards, static bags, etc. just as the Customer received them.
3. Customers have 30 days from date of invoice to request a non-DOA return. The RMA # issued is valid for 30 days from issue date.
4. There will be a restocking fee on returns resulting from customer error.
5. Non-DOA configured product may not be returned.
6. For customers on credit terms, credit will be applied to your account when the product is received by ScanSource.
7. For customers on C.O.D. or Credit Card status, replacement product will be sent upon receipt of product by ScanSource. If desired, we will send replacement product at your normal C.O.D./Credit Card status and you can request from the credit department a refund/credit to your card when the returned product is received by ScanSource
8. Customer is responsible for freight costs when returning product.
DOA RETURNS POLICY
1. Refer to Manufacturer's Warranties and Returns Policies, available on the ScanSource web site under our Support section.
2. If the product is tested and the problem is not duplicated, there may be a no problem found fee charged to the Solution Provider.
3. Products that show signs of use are not returnable to ScanSource as DOA.
4. For customers on credit terms, credit will be applied to your account when the product is received by ScanSource. Replacement product will be sent in advance, freight free via UPS Ground.
5. For customers on C.O.D. or Credit Card status, replacement product will be sent upon receipt of product by ScanSource. If desired, we will send replacement product at your normal C.O.D./Credit Card status and you can request from the credit department a refund/credit to your card when ScanSource receives the returned product.
(a) "Entitlement" means the collective set of applicable documents authorized by POSqx evidencing your obligation to pay associated fees (if any) for the license, associated Services, and the authorized scope of use of Software under this Agreement.
(b) "Licensed Unit" means the unit of measure by which your use of Software and/or Service is licensed, as described in your Entitlement.
(c) "Permitted Use" means the licensed Software use(s) authorized in this Agreement as specified in your Entitlement. The Permitted Use of or any bundled POSqx software not specified in your Entitlement will be evaluation use as provided in Section 3.
(d) "Service" means the service(s) that POSqx or its delegate will provide, if any, as selected in your Entitlement and as further describe d in the applicable service listings at www.POSqx.com/services
(e) "Software" means the POSqx software described in your Entitlement. Also, certain software may be included for evaluation use under Sect ion 3.
(f) "You" and "Your" means the individual or legal entity specified in the Entitlement, or for evaluation purposes, the entity performing the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, POSqx grants you a nonexclusive, nontransferable limited license to use Software for its Permitted Use for the license term. Your Entitlement will specify (a) Software licensed, (b) the Permitted Use, (c) the license term, and (d) the Licensed Units.
Additionally, if your Entitlement includes Services, then it will also specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in duration and the date such rights begin is other than the purchase date, your Entitlement will provide that beginning date(s).
The Entitlement may be delivered to you in various ways depending on the manner in which you obtain Software and Services, for example, the Entitlement may be provided in your receipt, invoice or your contract with POSqx or authorized POSqx reseller. It may also be in electronic format if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the following Permitted Uses will apply to your use of Software. Unless you have an Entit lement that expressly permits it, you may not use Software for any of the other Permitted Uses. If you don't have an Entitlement, or if y our Entitlement doesn't cover additional software delivered to you, then such software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for a period of 30 days from your first use.
(b) Individual Use. You may use Software internally for personal, individual use.
(c) Commercial Use. You may use Software internally for your own commercial purposes.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed Units stated in your Entitlement. If you require additional Licensed Units, you w ill need additional Entitlement(s).
(a) The copies of Software provided to you under this Agreement is licensed, not sold, to you by POSqx. POSqx reserves all rights not expressly granted. (b) You may make a single archival copy of Software, but otherwise may not copy, modify, or distribute Software. However if the POSqx documentation accompanying Software lists specific portions of Software, such as header files, class libraries, reference source code, and/or redistributable files, that may be handled differently, you may do so only as provided in the POSqx documentation. (c) You may not rent, lease, lend or encumber Software. (d) Unless enforcement is prohibited by applicable law, you may not decompile, or reverse engineer Software. (e) The terms and conditions of this Agreement will apply to any Software updates, provided to you at POSqx's discretion, that replace and/ or supplement the original Software, unless such update contains a separate license. (f) You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent of POSqx. (g) Software is confidential and copyrighted. (h) Unless otherwise specified, if Software is delivered with embedded or bundled software that enables functionality of Software, you may not use such software on a stand-alone basis or use any portion of such software to interoperate with any program(s) other than Software. (i) Software may contain programs that perform automated collection of system data and/or automated software updating services. System data collected through such programs may be used by POSqx, its subcontractors, and its service delivery partners for the purpose of providing you with remote system services and/or improving POSqx's software and systems. (j) Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility and POSqx and its licensors disclaim any express or implied warranty of fitness for such uses. (k) No right, title or interest in or to any trademark, service mark, logo or trade name of POSqx or its licensors is granted under this Agreement.
6. Term and Termination.
The license and service term are set forth in your Entitlement(s). Your rights under this Agreement will terminate immediately without notice from POSqx if you materially breach it or take any action in derogation of POSqx's and/or its licensors' rights to Software. POSqx may terminate this Agreement should any Software become, or in POSqx's reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and destroy, Software and confirm compliance in writing to POSqx. Sections 1, 5, 6, 7, and 9-15 will survive termination of the Agreement.
7. Limited Warranty.
POSqx warrants to you that for a period of 30 days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and POSqx's entire liability under this limited warranty will be at POSqx's option to replace Software media or refund the fee paid for Software. Some states do not allow limitations on certain implied warranties, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
8. Disclaimer of Warranty.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HEL D TO BE LEGALLY INVALID.
9. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL POSQX OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL , INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATE D TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF POSQX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will POSqx's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
10. Export Regulations.
All Software, documents, technical data, and any other materials delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and ac knowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required after delivery to you.
11. U.S. Government Restricted Rights.
If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tie r), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DO D acquisitions).
12. Governing Law.
Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless o mission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
This Agreement, including any terms contained in your Entitlement, is the entire agreement between you and POSqx relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SumGuys Technologies, Inc.