Wireless Terminal Solutions Ltd. (“We”, “Us” or “Our”) a company registered under the laws of England, registration number 06811023 having its registered office at 14 Danbury Mews Wallington, SM6 0BY
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The Purchaser (“You” or “Your”) identified on the order form attached hereto (hereinafter “Order”).
1.1 By placing Your Order with Us, You are agreeing to purchase the following (collectively the “Services”), subject to the terms and conditions of this Agreement:
1.2 You may purchase the Handset directly from us or by completing and returning the purchase hire agreement (“Hire Agreement”). If you opt to lease the handset, You agree to be bound by the terms of the Hire Agreement and any breach of the Hire Agreement shall be considered a breach of this Agreement.
1.2 a) If you opt for a long term lease agreement on a POS or credit card machine and the customer or business 1) fall into arrears 2) cancels the direct debit during the agreement without our prior consent 3) changes bank account without notifying us 4) liquidates/dissolves their company 5) other situation – which results in the account being neglected, they will be liable for any outstanding monies owed on the account and/or will incur a final settlement figure from our funding partner. If the customer ignores this or fails to pay this, legal proceedings will commence and additional charges may apply which the customer will be liable for.
1.2 b) We try and contact all customers towards the end of their long term lease agreement(s) however in some cases this isn’t always possible. In the event a customer doesn’t notify us of wanting to end their lease agreement, their account will automatically enter secondary terms which means the customer will need to provide us (in writing) confirmation of their desire to end their long term lease agreement. We request all correspondence is sent via email (not postal) and once this has been acknowledged the account will automatically enter the 30 day notice period.
1.3 The price for the initial set up (“Set-up Cost”), Handset, or the monthly rental cost for the Handset and minimum term for the Hire Agreement (as may apply) (“Handset Costs”), accessories and the Airtime Service monthly cost (“Airtime Cost””) (if applicable) are set out in the Order. The Handset Costs include the Guaranteed Replacement Service for the duration of this Agreement.
1.4 The Airtime Cost (if the card machine is purchased outright) will be fixed for 12 months from the delivery of the Handset. Thereafter, we may increase the Airtime Cost should the mobile network service provider increase the cost to us.
1.5 The Airtime Cost is based on a “reasonable use” number of transactions, should you consistently conduct a high number of transactions we reserve the right to increase the Airtime Cost to reflect your actual level of usage. Failure to agree to this may result in the SIM being cut off.
1.6 When we receive Your Order We shall share such information as is relevant with specified third parties solely for the purpose of performing necessary checks and for provision of the Services (i.e. submitting the subsequent log-on to the relevant merchant acquirer). In signing the Order You hereby consent to your details being used for such purposes.
1.7 On acceptance of Your Order by Us, We agree to supply the Services to You for the duration of this Agreement. You have 7 days (including weekends) prior to the date of deployment to cancel the booking(s), after which time no order may be cancelled unless agreed by Us in writing and subject to You paying Us a £25 admin fee and 50% of your total point of sale rental which includes all hire purchases (the fee excludes postage). Wireless Terminal Solutions cannot be held responsible for any information that the customer completes incorrectly on any rental form(s) which is either a) incorrect b) does not correspond with the merchant acquirer’s system. If this results in the applicant’s terminal being delayed, additional charges for same day delivery or AM delivery request will be at the customer’s expense. We request that all invoices are paid two working days before deployment. Failure to do so may result in your terminal being delayed which we cannot be held responsible for.
1.8 You acknowledge that as a business to business transaction you have no rights for returns or cancellations under the Consumer Protection (Distance Selling) Regulations 2000. You are responsible for checking the handset(s) meets your requirements, and there is adequate mobile network coverage in the areas in which you plan to use the handset (in some instances we shall inform you of which network provider is being used and alternatives that may be available).
1.9 All handsets will be fully operational prior to dispatch, we cannot be held responsible for a terminal failing to poll. Situations like this are unforeseen and are beyond our control. We as a company cannot be held responsible and shall remain exempt from all handset issues that arise whilst in the customer’s possession and this extends to all levels of connectivity which may materialise in any of our handset models which result in lost sales. As a company we aim to supply contactless terminals wherever possible, however this is subject to availability, and this will still be deemed a completed order once in the customer possession.
1.9 a) Wireless Terminal Solutions require a minimum of 10 working days’ notice to fulfil any orders. In the event of late bookings being accepted by us; all information stated on the application form, must be correct in order to correspond with the bank’s system. We cannot be held responsible for errors made by either a) the customer on the application form b) the acquiring bank in getting the handset logged on that may defer in the customer receiving their handset.
1.9 b) With portable card machines/countertop card machines we are not obliged to include any network cabling. We solely supply the card machine and cannot be held responsible for any loss of earnings.
2) Your Responsibilities
Assisting In Service Delivery
Care of The Handset
2.1The risk in the handset transfers to you on delivery and you shall be responsible for the insurance and safekeeping of the Handset and all equipment relating to it. The Guaranteed Replacement Service does not cover loss of or damage to the handset and you will be responsible for the costs of repair or replacement in such cases. This will be deducted from the deposit, or if a deposit is not in place, the customer will be invoiced accordingly. You agree that the terminal or product sent out by courier company will be sent to the address supplied on the application form. If another “contact” address is provided, the customer will be liable for any damage in transit or failure of delivery. Additional charges may occur for this privilege (to be deducted from deposit).
2.1 a) We politely request all customers avoid defacing any card machine/POS equipment in any way. This includes putting stickers or anything similar that may cause imperfection to the visibility to the equipment. In the event of this happening a charge of £10 per terminal (exc VAT) will be added to your account. This figure is based on the time and expense our staff will have to incur to clean and remedy them for their next rental.
2.2 If you lose, have your handset stolen or do not return your handset you will be liable for a charge of £499 per handset. This price is exclusive of VAT and we request that payment is made in 14 days. Failure to do so will result in it being passed to a debt recovery agent who will manage the case on our behalf. Additional costs may then be added to your account which the customer will be liable for.
2.2 a) Alert Irruptions – ‘Alert Irruption’ means the terminal can no longer be used to accept transactions. Within the innards of the card device, sits an anti-tamper proof device, if the card terminal feels it is being tampered with or if the terminal suffers a hard impact, the anti-tamper proof device will trigger and shut the terminal down. In this eventuality the terminal will need to be sent back to the manufacturer for repair. Customers who encounter alert irruption are liable for a charge of £150 (exc VAT) to have the handset remedied. Payment is required before technical intervention can assist with the matter.
2.3 If you (the customer) have opted and paid for our collection service please email logistics@wirelessterminalsolutions.co.uk confirming you will be available on the collection date of which you have entered on the form & between 9.00am-5.30pm. Someone will need to be present to hand the collection over. It is the customer’s responsibility to hand over the correct parcel to the couriers. If the wrong parcel has been handed over, the customer will be liable for any charges.
Alternatively please contact our office on 020 8669 2103 (Opt 4 – Dispatch) to confirm you are available on the collection date.
We will need:
Please be aware that the collection agent may sometimes quote they are collecting a parcel on behalf of a courier company rather than Wireless Terminal Solutions.
ALL PACKAGES MUST BE IN ONE BOX UPON RETURN AS OUR COURIERS ARE ONLY INSTRUCTED TO PICK UP ONE PARCEL, ANY MORE THAN ONE THE CUSTOMER WILL BE CHARGED.
Please ensure you pack the package carefully in the pack provided so that no damages occur. It is also important to ensure your order is returned in one package/box. Any orders returned in more than 1 box will be subject to additional courier charges. Missed collections will also result in a £10 nothing to collect charge.
For customers returning their order themselves please ensure it is returned Royal Mail Special delivery so that it reaches us the next day. You will also need to email us on the ‘Collection Date’ outlined above to confirm postage and also provide us with any tracking information.
We must remind you that for each day after your collection date there will be a fee of £20 per terminal per day + VAT if collection is not arranged. The customer will be liable for any handsets that have failed collections/ nothing to collect.
It is the customer’s responsibility to make contact with Wireless Terminal Solutions to arrange collection (please refer to 2.4 for late charges).
2.3:1 If a customer is returning a handset or POS equipment to Wireless Terminal Solutions we advise that you use a method that includes signature on delivery, and your parcel is covered for loss or damage of up to £500 per handset or EPOS unit. It will be the customer’s responsibility to monitor the tracking, and any parcels held or lost are down to their (the customer) responsibility to follow up with the designated courier company used. If equipment goes “missing” or is constituted as “lost” a charge (please refer to 2.2 for charges) will automatically be added to your account and the customer will be invoiced for the lost equipment and payment due in 14 days. Failure to do so will result in this being passed across to our debt recovery team which may result in additional fees being added to your account.
2.4 If the handset fails to be collected on the “due” finished date, as stated in the application form from the client, an additional cost of £20 per day + VAT per terminal will be added to your account, until the handset arrives back to our registered address. These charges will be added to the customer’s final bill. In addition, the handset must be returned in the way in which it was supplied i.e. boxed with a manual/bagged with the relevant return envelope, failure to do so will result in an additional charge on the goods condition. The handset remains the customer’s responsibility until it is returned into our possession. Any damage that occurs in transit will be charged to the customer account.
2.4a) We advise all customers to inspect and check their handsets within 6 hours of delivery and to notify us of any problems immediately. Failure to do so may result in the customer breaching our terms and conditions, and as a result may forfeit any right for a partial or full refund in cases where customers then experience issues with the POS equipment. Failure to contact us may also see a delay in any subsequent replacement equipment being sent out and customers may be liable for logistics costs. All items are inspected and rigorously checked before deployment. As with standard courier practice, you should check the contents of the consignment upon arrival, and notify us immediately of any issues, especially if the parcel has been opened or tampered with.
2.4b) Any damage must be reported to Wireless Terminal Solutions within 6 hours of signing for the item, if the office is shut then an email must be sent to sales@wirelessterminalsolutions.co.uk notifying us of the issue. If someone else is signing on your behalf they must be made aware of the above. If the handset or POS equipment or any part relating to it is damaged, and you have failed to make any attempt to contact Wireless Terminal Solutions we cannot be held responsible, and the customer will be liable for any subsequent costs. This also applies for collections or any equipment that is being returned to us.
2.4c) We are not responsible for shipping delays caused by our chosen or preferred couriers, this also applies to same day deliveries.
2.4d) We will ship according to the shipping address you’ve provided on any completion forms; please notify us of any address change before your order is marked “Shipped” to avoid parcel loss, for which we will not take responsibility. We need any change of address in writing by email to sales@wirelessterminalsolutions.co.uk stating the company name 48 hours before deployment. If any address change falls under this time constraint, we cannot be held responsible.
2.4e) In the event that any “Unclaimed”, “Refused”, or “Return to Sender” package is shipped back to us—due to, but not limited to, reasons such as failure to sign for it, not picking it up at the local post office, refusal to accept the package—we will notify you upon receipt of the returned package. In either case, we will open the package for inspection of possible damages caused during transit or storage at your local post office during the retention period.
Once a terminal has been dispatched or deployed the term of agreement for the short term rental is non-negotiable. For instances where customers encounter courier delays or change their mind, they will still be liable for the full rental cost unless agreed with Wireless Terminal Solutions. In this instance we request customers to email us explaining their reasons.
Use of Mobile Networks
2.4:1 For the Airtime Services (if applicable) We shall provide You with the use of a M2M SIM card and access to a mobile network from one of the UK mobile network providers. The SIM card and phone number remain the property of the network provider. You are liable for the cost of replacement for any lost SIM card and for all calls or data usage on the SIM card. In the event of loss of the SIM card you should contact us as soon as possible to arrange cancellation.
2.4:2 You (the customer) agree that the SIM card is provided for use in the normal operation of the Handset only.
2.4:3 You (the customer) agree that your use of the mobile network is subject to the terms and conditions of the particular network provider that you will comply with any of the legislation covering the use of mobile networks. Full details of the specific terms and conditions may be found on the website of the network provider and in the Telegraphy Acts 1949 to 1967, the Telecommunications Act 1984, and the Communications Act 2003. These terms include but are not limited to:
2.5 Any breach by You of Clauses 2.3 or 2.4 may result in immediate suspension or termination of the Airtime Services. You will remain liable to pay all fees due under this Agreement notwithstanding any suspension or disconnection for the reasons set out in this Clause. Furthermore additional charges may apply to reconnect you after any such suspension.
2.5 a) We cannot be held responsible for merchant applications that are either a) declined b) that are delayed in being processed; this is the customer’s responsibility. Wireless Terminal Solutions will not be liable for any loss of earnings this may result. Even when a merchant account is approved, our standard delivery terms will apply. If a customer wants specific requirements i.e. same day delivery/AM delivery they will be liable for any additional charges, and payment will be required before the unit is deployed.
2.5 b) Merchant accounts set up alongside a card machine rental need to cancelled down by the customer directly. It is not the responsibility of Wireless Terminal Solutions nor members of our staff to cancel or notify the customer of this. Failure to do so may result in additional monthly charges being applied by the merchant provider. Any customer who fails to do this will not be eligible for any form of reimbursement or compensation from Wireless Terminal Solutions.
2.5 c) The technical team at Wireless Terminal Solutions always perform mandatory diagnostic checks before handsets are deployed. We always aim to provide a handset with sufficient battery, but in some instances this is not always possible. Wireless Terminal Solutions will not be liable to offer any compensation in such cases.
2.5 d) If a customer fails to call us (for whatever reason) at the time of experiencing a terminal issue we cannot be liable to offer a refund as the support comes inclusive as part of the service we offer. If you are unable to reach a member of the technical team, messages can be left and will be returned as soon as possible.
Payment
2.6 The Airtime Cost (if applicable) is payable monthly in advance, for direct purchase of Handsets and quarterly in advance for Handset lease and shall be collected by Direct Debit. Failure to pay any reoccurring monthly airtime fees will result in your handset being cut off. Wireless Terminal Solutions will be exempt from any lost sales as a result of connectivity issues relating to the SIM card or other airtime aspect.
2.6a For any customers who opt to purchase a handset or POS system outright we request the monthly direct debit relating to the airtime and technical support to be set up in advance of the equipment being deployed. Any charges relating to this direct debit won’t come into effect until the initial 12 month period is up or otherwise agreed with the customer directly.
2.7 If you fail to pay any fees due under this agreement within 30 days we reserve the right, without prejudice to any other rights or remedies, to:
DEPOSIT AND CHARGES
Insurance
2.8 During the Rental Period and the Risk Period, You shall, at your own expense, obtain and maintain insurance for the Payment Terminal(s) and the Equipment to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident together with such other insurance as a prudent owner or operator of the Payment Terminal(s) and Equipment would insure for, to cover any third party or public liability risks of whatever nature and however arising in connection with the Payment Terminal(s) and Equipment. You shall provide WTS with copies of the relevant insurance policies upon request.
Subject to the customer paying Wireless Terminal Solutions the applicable Charges, We may arrange insurance cover which covers accidental damage of the handset(s) if the customer selects this option. This does not cover theft or loss. If a theft or loss takes place, the customer will be liable for a fee of £499 per unit exclusive of VAT which would be payable of 14 days. In these circumstances, the customer will remain responsible for arrangement of such other insurance cover as is required.
Any subsequent Payment Terminal(s) or Equipment supplied as a replacement will not be covered by your original hire insurance cover and the customer will be required to obtain insurance cover as required.
The silicon cases which come as an optional extra against each rental agreement can protect a handset against any spillages, knocks and germs, but won’t necessarily prevent a handset from incurring an alert irruption or breakages.
Internet And Wi-Fi Connections
2.9 Wireless Terminal Solutions cannot be held responsible for any issues relating to internal PSTN/phone lines or internet connections that may result in lost sales. Wireless Terminal Solutions cannot be held responsible for firewalls which block or hinder a connection, and have no responsibility relating to the privacy or security of your activities on your Wi-Fi network. This also includes configurations, security, or data files resulting from our card machine attempting to establish a connection to your Wi-Fi service.
Our responsibilities
Supply Of The Handset And Guaranteed Replacement Service
3.1 We shall configure the Handset with your business details (as specified by you), provision the Airtime Services and arrange for delivery of the Handset to a UK address specified by you.
3.2 For the Guaranteed Replacement Service We shall provide:
3.3 The swap out service does not cover replacement of the Handset arising from the conditions below and you may be charged for the cost of repairs in such cases:
For any issues relating from section 3.3, immediate payment will be required before a replacement handset is sent. If the customer has finished their rental and is returning the handset and any of the issues mentioned in 3.3 arise charges may be applied to the account.
If a customer is offered a swap out, but opts to decline this option or refuses this service they will still be liable for the hire charge and under no circumstances will any form of refund be offered.
For any issues relating from section 3.3, immediate payment will be required.
3.4 It is the customers sole responsibility for maintaining and ordering all consumables required to operate the POS systems. Under no circumstances can we be held accountable for oversights on the customers part that result in lost sales.
Provision Of Airtime Services
International terminal rental
Warranty
4.1 Subject to the exceptions set out below and the limitations upon Our liability in Clause 6, We warrant to You that:
4.2 Save as expressly provided in Clause 4.1 of this Agreement, We specifically exclude without limitation all other conditions, warranties, representations or other terms relating to this Agreement including any warranties that might otherwise be implied or incorporated into this Agreement, such as those of satisfactory quality, fitness for a particular or any purpose, or ability to achieve any particular result.
Warranty Remedies
5.1 We shall have no liability or obligation under the warranties given in Clause 4.1 unless You notify Us in writing of any non-conformance with the warranty within one (1) calendar month from the date of such non-conformance occurring.
5.2 We shall have no liability for breach of any warranty in Clause 4.1 that arises from:
5.3 If a problem is found upon investigation not to be Our responsibility under the provisions of Clause 4 We may charge You for, and You hereby agree to pay, all reasonable costs and expenses incurred by Us.
6.1 Nothing in this Agreement shall exclude or limit Our liability for (i) fraud or other criminal act, (ii) personal injury or death caused by the negligence of Our employees in connection with the performance of their duties hereunder or by defects in any product supplied pursuant to this Agreement, (iii) misrepresentation made by Us fraudulently, or (iv) any other liability that cannot be excluded by law.
6.2 Subject to Clause 6.1, in no event will We be liable under this Agreement for any damages resulting from: (i) loss of, damage to or corruption of data, (ii) loss of use, (iii) lost profits, (iv) loss of anticipated savings, and/or (v) any indirect or consequential loss. Such liability is excluded whether such damages were reasonably foreseeable or actually foreseen.
6.3 Except as provided in Clause 6.1 Our maximum aggregate liability to You for any cause whatsoever (whether in the form of refund, the additional cost of remedial services or otherwise) will be limited to a sum equivalent to 125% of any monies paid by You under this Agreement.
6.4 We hereby exclude all liability that has not expressly accepted in this Agreement. These limitations will apply regardless of the form of action, whether under statute, in contract, tort, including negligence, or any other form of action.
For the purposes of this Clause 6 “we”, “us” and “our”, includes Our employees, sub-contractors and suppliers who shall therefore have the benefit of the limits and exclusions of liability set out in this Clause in terms of the Contracts (Rights of Third Parties) Act 1999.
6.5 Save as provided in Clause 6.1 You shall have no remedy in respect of any representation (whether written or oral) made to You upon which You relied in entering into this Agreement (“Misrepresentation”) and We shall have no liability to
You other than pursuant to the express terms of this Agreement.
7.1 This Agreement shall commence on acceptance of Your Order by Us and continue for a period as stated on the original agreement form signed by the customer following delivery of the Handset to You unless terminated according to this Clause 7.
7.2 You may cancel the Airtime Services by giving Us 3 month’s written notice provided you have paid a minimum of 12 months of the airtime cost.
7.3 You acknowledge that termination of this Agreement does not terminate the Hire Agreement (if applicable) or Your obligations to make payments under that agreement.
7.4 Either party (“the Initiating Party”) may forthwith terminate this Agreement at any time:
7.5 In the event that We have ended the Agreement under Clause 7.4, 2.7 or 2.9 or through the acceptance of any repudiatory breach by You of this Agreement, You agree to pay the Airtime Cost that would be due as a result of termination under Clause 7.2
7.6 The expiry or termination of this Agreement for whatever reasons shall not affect any other rights or remedies a party may be entitled to under law and shall not affect any rights or liabilities accrued prior to termination.
7.7 Where this Agreement relates to more than one Payment Terminal, We may end this Agreement or suspend Airtime Services or Guaranteed Replacement Service in respect of the Payment Terminal(s) to which the non-payment relates or all of the Payment Terminals as We may decide.
7.8 a)If you default on an agreement under the terms agreed, the customer will automatically be liable for any legal fee’s incurred, this includes solicitor fees and letters as WTS recover any subsequent monies.
7.8 b) In the event the customer chooses to return their handset before the scheduled hire is due to finish, no refund will be given because of early return.
7.9 We reserve the right to amend or withdraw any products or services offered on our site at any time and product details may vary from images shown. Prices, rates and offer times are updated and amended on a regular basis and our quotes are subject to change. We will not be held responsible and accept no liability for any fees that you may incur as a result of terminating any existing contract with your current product or service provider.
Quotations are valid for a period of 30 days. Wireless Terminal Solutions Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Each party shall treat as confidential all information obtained from the other pursuant to this Agreement and shall only divulge such information to its employees or subcontractors for the purpose of meeting its obligations under this Agreement (or where the information is required to be disclosed by law). Each party shall ensure that its employees or sub-contractors are aware of and comply with the provisions of this Clause. The obligations as to confidentiality in this Clause 8 shall survive any termination of this Agreement.
We shall not be deemed to be in breach or default, and shall not be liable, under this Agreement by reason of any failure to perform any obligations under, or observe any provisions of, this Agreement if and to the extent that such failure occurs as a result of Acts of God, war (whether declared or not) sabotage, riot, explosion, Government control restrictions or any other Government act or omission whether local or national, requirement to act in accordance with the Authority, act or default of any public telecommunications operator (other than the Network Provider), supplier, agent or sub-contractor, industrial disputes of any kind, physical obstacles or atmospheric conditions or any other cause beyond Our reasonable control. Deliveries affected by unforeseen weather may result in your order being cancelled by Wireless Terminal Solutions.
We have no control over deliveries. We will endeavour to supply your order, but any problems arising with our courier company i.e. driver failing to show up/royal mail strikes, we as a company will not be held responsible.
This Agreement shall be governed English Law. This Agreement constitutes the entire agreement between the parties. Nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture or principle and agent relationship between the parties. No failure or delay by Us in exercising Our rights shall be deemed as a waiver of that right. If any the provisions of this Agreement are deemed to be invalid or unenforceable by any competent authority the validity of the remaining provisions shall not be affected thereby. Any notices under this Agreement shall be in writing and may be served by fax, email or by first class post. We reserve the right to vary this Agreement to comply with new legislation, any revised terms of the licence granted to the mobile network provider or European Community law, provided that such variation shall be limited to the extent necessary for such purposes. No other variation to this Agreement shall be effective unless agreed in writing by both parties. Except as set out in Clause 6.4, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of this Agreement. Our rights under this Agreement are assignable by Us without Your consent. You are not permitted to assign Your rights or obligations under this Agreement without Our written consent.
Call us for more information about our Terms and Conditions