Terms and conditions

Below you can find the terms and conditions that apply to the usage of facilePOS software and services. Every user of our software has to accept these terms and conditions when creating an user profile to use the software. If these terms and conditions are not accepted, access to the software is not allowed.

1. License
facilePOS grants the customer a license to use the software and services of facilePOS. This license is non-transferable and is restricted from sublicensing. The software and services of facilePOS may only be used for internal business purposes by the customer. Reports as created by the user in the software, may be printed but may also only be used by the customer for internal business purposes. Any updates in the software or services of facilePOS are subject to these same license and its terms and conditions. Furthermore, facilePOS may at any time and for any reason modify, discontinue or restrict any part of its software or services. Although facilePOS will try its best to notify its customers beforehand of such changes, facilePOS is not obliged to and cannot be held responsible for any damages coming forth out of these changes.

2. Term of conditions
These terms and conditions will become active when the customer creates its user profile at the facilePOS website. For the period that the customer has indicated to acquire the products and services of facilePOS, these terms and conditions will be active. The customer can terminate its agreement by email one week before the end of the current agreed and paid period. If the customer does not terminate its agreement, this will be automatically renewed for one month until termination.

3. Pricing
facilePOS tries to give its customers the most value for their money while keeping the price as low as possible. But it may of course be possible that facilePOS finds the need to alter its prices. The correct prices are displayed on its website. The customer pays the fee that is mentioned on the website at the time of choosing the software plan in its account. If facilePOS alters the price, this becomes effective for the customer upon the next payment period. facilePOS will send notice to its customers when prices are altered.

4. Taxes
All fees as mentioned on the website exclude taxes. All taxes, be it on the software, provided services or this agreement, as ordered by government have to be fulfilled by the customer. They will be mentioned on the invoice on which the product or service, for which the tax is applicable, will be charged.

5. Fee payment
Fees, as required for payment by customer for the product he obtains from facilePOS, will be charged monthly unless the fee for a whole year has been agreed to be charged at once. Services performed by facilePOS on behalf of the customer shall be invoiced the month following the delivery of the service. Invoices have to be fulfilled within the payment period as specified on the invoice. If invoices are not fulfilled within the specified payment period facilePOS will charge 2% interest per month on the invoice amount until the full invoice is fulfilled. If these payment requirements are not met facilePOS has the right to disable the customers' access to the software and stop delivery of any services to the client until the required payment has been fulfilled. If payment is not fulfilled within 90 days after the invoice date, facilePOS has the right to delete the customer's account. Notice of disabling access or account deletion will be send to the email address as provided by the customer in its profile. facilePOS also has the right to refer outstanding payment for legal collection action. As a payment guarantee for the monthly fees the customer is obliged to register a valid credit card in its profile at facilePOS. If the customer doesn't want to do this they need to pay the fee for 12 months at once at the start of the agreement.

6. Users
All users have to register by creating a profile before using the software of facilePOS. In this profile the email address, payment data (not required for the trial) and an unique password have to be registered. Based on the requested type of software and service the licence fee will be determined. Upon paying the determined fee the user may use its password to access the software. When the password is being used the fee becomes non-refundable. The customer is allowed to let its employees use the facilePOS software as sub users. These sub users do not need to be registered at facilePOS but can be signed up in the system itself. The customer is responsible for the agreement and compliance with the privacy policy and terms and conditions by its employees, the sub users. The customer is fully responsible and liable for all usage by him and his sub users.

7. Usage
All software and services developed or deployed by facilePOS are subject to trade secrets and proprietary rights. Therefore the customer will only use the software and the services for internal business usage, keep them confidential and will not share them with unauthorized persons. Furthermore, customers will only use the software and services of facilePOS for legal business causes. facilePOS has the right to deny access to the clients profile without notice when non legal, abusive or fraudulent behaviour is suspected. If any investigation requires, the customer will cooperate with facilePOS. Any costs that may come forth from cooperating or refraining from cooperating with such an investigation are for the customer's account.

8. Data Ownership
The representative of the customer who fills out the company and payment details declares himself as authorized to sign off on the agreement on behalf of the company and is therefore liable. This same person is also the owner of any data entered by the customer or its sub users in the system. This owner is also the only person who can grant access to sub users. facilePOS can only provide copies of data to sub users or any third party if the user's permission is granted. These copies are based on the back-ups that facilePOS makes every day of all the data in the system. Every back-up is saved for one week. facilePOS will try to help the customer with information from these back-ups in case of loss of data, but no guarantees are given. And even though facilePOS tries everything within its power to secure the connection to the server with measures such as encryption technology, no guarantees can be given.

9. System Requirements
facilePOS' software is a web based system to which the customer has access to via its profile. It is the responsibility of the customer to have all the right equipment and services in place to access this software. facilePOS will try to help the customer by giving suggestions for suitable equipment but the customer is free to choose for himself. All expenses that come forth of acquiring and maintaining these equipment and services are for account of the customer. The customer will use the software and services of facilePOS according to the instructions given. These instructions may be altered by facilePOS over time. If alterations take place facilePOS will notify the customer by email. From that notification onwards, customer is expected to obey the altered instructions.

10. Accessibility
The software of facilePOS is accessible when the equipment and services of the customer are able to reach the website. To verify if the system functions properly on the equipment and services of the customer, the trial can be used. facilePOS tries its best to keep the software available at any moment, but due to unforeseen circumstances there might be some incidental downtime. When such an incident occurs, facilePOS will try everything within its power to solve such an incident as soon as possible. facilePOS is not liable for any costs or loss in sales due to downtime of the system.

11. Support
facilePOS will only provide reasonable support by email to its customers. These emails can be send through the contact form on the website. The office hours for facilePOS are from 8am till 6pm. Outside these hours facilePOS will try to respond to mail as soon as possible. Sometimes a non-urgent question will have to wait until more urgent questions are solved. But facilePOS guarantees a response within 48 hours. Updates in the software will be done automatically by facilePOS and are calculated in the customer's fee. Other forms of support or services from facilePOS to its customers will be described in a separate agreement for which additional fees might be charged.

12. Digital communication
facilePOS will communicate with the customer mainly through email. facilePOS can be reached via the contact form on its website and facilePOS will keep contact with the customer through the email address as provided in the profile of the customer. When filling out an email address in his profile the customer agrees that facilePOS will communicate with the customer about financial, legal, commercial and other subjects via the email towards the filled out address. The customer may change this address in its profile when needed.

13. Digital agreement
When the customer has accepted these privacy policy and terms and conditions, by checking the box while creating a new profile, the customer agrees on behalf of his company to these terms and conditions and obliges himself and the company to act upon them and pay the required fees.

14. Liability of agreement
FacilePOS has the right to hire third parties to perform work on the software and services it provides to the customer without notice. But the obligations, as mentioned in these terms and conditions remain by facilePOS and the customer unless the party to which they are transferred are part of one of the two previously mentioned parties. This agreement is the only agreement between facilePOS and the customer and replaces any previous made agreements or communications. facilePOS has the right to alter these terms and conditions and its privacy policy at its own convenience. The customer will be notified of any alterations via the email address as provided in the profile of the customer. The customer will automatically accept these alterations when using the software or services of facilePOS after receiving such a notification. A change in this agreement from the side of the customer is only valid when signed by the customer and an agent of facilePOS. This whole agreement is only applicable on facilePOS, the customer and their successors and legal representatives.

15. Force Majeure
facilePOS will not be responsible for any failure to perform due to causes beyond its reasonable control, including, acts of terrorism, war, riot, embargoes, acts of civil or military authorities, national disasters, strikes and the like.

16. Applicable Law
These terms and conditions and the agreement between facilePOS and the customer is based on and governed by Dutch law. If any part of this agreement is in conflict with the Dutch law, the remainder of the agreement will stay valid. The headings at the beginning of each article are only used for guidance through these terms and conditions. This agreement is still valid even if any spelling or stylistic errors are found. If facilePOS is at any time not able to uphold this agreement, this does not mean that the agreement is not valid and that facilePOS will have the right to uphold the agreement at a later occasion.

17. Breach of agreement
When one party breaches the conditions of this agreement and is not able to fix the breach within 5 working days of notice of the breach, the other party has the right to terminate the agreement. Outstanding payments that occurred during the agreement have to be fulfilled even after the agreement is terminated.

18. Disclaimer
facilePOS and its affiliates disclaim, unless otherwise noted in this agreement, any warranty regarding their software and services like suitability or accuracy. Neither do they warrant that the software and services will be complete, uninterrupted or free of harmful components. facilePOS is also not liable for any (calculation) errors in statistics, turnover etc or any costs these calculations may cause. If the client reports any such errors facilePOS will do its best to fix them at the earliest convenience. The customer is liable for any costs concerned with fixing, maintaining or preventing problems caused by viruses, worms and other harmful components unless they are the direct result of willing / gross neglect on the side of facilePOS. Neither is facilePOS liable for the information obtained from usage of the software or services of facilePOS by the customer.

19. Limitations on Liability
If facilePOS is found to be liable according to this agreement, the total accumulated amount per customer that facilePOS is liable for can be of no higher amount than the total amount that is received in payment from the customer. FacilePOS is not liable for any damage, of any kind, that are a consequence of this agreement no matter if facilePOS has been notified about the possibility of these damages occurring. Any damages that come forth out of data entered or retrieved from the software or services are a liability of only the customer, no matter if facilePOS has been notified about the possibility of these damages occurring.

20. Refund
A customer should stop using the software and services of facilePOS immediately and contact facilePOS within thirty days of this agreement to request a refund when he is unsatisfied. Otherwise no refund will be granted.

21. Legal representation
The customer who creates a company profile guarantees facilePOS that he is a legal representative of the company with the authority to enter into a binding agreement on behalf of the company. Therefore the customer is personal liable for all forthcoming costs, if not fulfilled by the company.