2) Your Responsibilities
Assisting In Service Delivery
- You agree to assist “Us” (Wireless Terminal Solutions) as far as reasonably possible in providing the Services to You, including but not limited to; ensuring accuracy of information You provide to Us; ensuring someone is available for delivery or collection of the Handset; carrying out tests or checks on the Handset as directed by Us; or replacement of SIM cards as directed by US.
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 a customer loses or has their handset/POS equipment stolen (or they do not return their handset) they 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. If a card machine, POS or other hardware item goes missing after a 14 day period the hardware will be cut off from our internal system, and the equipment will no longer be able to be used. If your card machine, POS or other hardware item is located or retrieved outside of the 14 day window and payment has been made, the cost for replacement equipment will still apply as the original equipment will no longer be able to be used. Under no circumstances will we be able to offer a refund.
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.
2.2 b) Swap out facility – Customers who receive a replacement handset from Wireless Terminal Solutions must be aware we collect the faulty handset(s) the day after the new handset has arrived. In most cases this will be explained to the customer in advance. In the event of the handset not being returned/collected as agreed, a daily charge of £20+ VAT will be applied to your account, and may result in the replacement handset being cut off until your account is clear. We request that customers who return handsets to Wireless Terminal Solutions always use recorded delivery albeit through a courier or Royal Mail. Should the handset not be returned, a fee of £499 (exc. VAT) will be added to your account and payment required within 14 days.
2.3 If you (the customer) have opted and paid for our collection service please email firstname.lastname@example.org 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 (Option 4 – Dispatch) to confirm you are available on the collection date.
We will need:
- Your mobile number & email address
- Collection address
- Specific instructions for the driver (if any)
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 7 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.
2.4 a) 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.
2.4 b) 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 email@example.com 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 on any equipment that is being returned to us.
2.4 c) We are not responsible for shipping delays caused by our chosen or preferred couriers, this also applies to same day deliveries.
2.4 d) 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 firstname.lastname@example.org stating the company name 48 hours before deployment. If any address change falls under this time constraint, we cannot be held responsible for any errors that may occur.
2.4 e) 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 Data 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:
- a) You shall not use, or allow others to use, the Airtime Services for any improper, fraudulent, immoral, criminal or unlawful purpose;
- b) You shall comply with any reasonable instructions issued by Us or the network provider which concern Your use of the Airtime Services or connected matters;
- c) You shall not do or allow anything to be done which in Our or the network provider’s opinion will or is likely to impair or damage the mobile network or the provision of the Airtime Services or affect the security of the same.
- d) If information that is provided on the order form is wrong, Wireless Terminal Solutions cannot be held responsible and the individual/company will still incur a hire charge, as this is deemed an order.
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.
2.5 e) If a customer experiences issues with Wi-Fi connectivity and this extends to:
• Slow internet speeds resulting in reduced speed of processing a transaction
• Blockers on a network impacting the terminal being able to process payments
• Wi-Fi dropping out periodically or the connection dropping out at specific times
• Wi-Fi network not being displayed or the Wi-Fi network connects but there’s no internet access
please contact our technical team in the first instance. Failure to notify us at the time may result in no refund being considered against your request.
2.5 f) For customers wishing to cancel down any agreement in place with Wireless Terminal Solutions, please note we can only deal with the customer directly during office working hours. We will only take instruction from the customer who the agreement is with. This means if you are acting on behalf of the customer we reserve the right to disclose confidential information or speak with the individuals concerning the account.
2.5 g) Compensation will not be offered in instances where customers refuse to utilise or explore all available hardware options on dual or tri-hardware solutions. This extends to customers who become dependent on one connection.
2.6 The Airtime Cost (if applicable) is payable monthly in advance, for direct purchase of Handsets and quarterly in advance for Handset lease 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.
2.6 a) 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. For this agreement the customer will be charged upfront for the first year and will then be on a monthly direct debit. Failure to pay this may result in the hardware being terminated from our system.
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:
- a) suspend the Services; and in some cases automatically pass this across to the legal recovery team.
- b) charge interest on any outstanding amounts at the rate.
- c) Terminate any Agreement.
- d) Refunds can take up to 14 working days to process.
- e) Unless agreed with Wireless Terminal Solutions in writing or email, payments for any bookings must be made at least 2 working before dispatch. Failure to do so may result in your terminal being delayed, which we cannot be held responsible for.
- f) In the event of emails being sent by Wireless Terminal Solutions to a customer and these end up in the recipients spam folder, we cannot be held responsible for any delays caused. Situations like this are unfortunate and unforeseen.
DEPOSIT AND CHARGES
- Depending on the service agreement the customer opts for, a holding deposit may be required which safeguards our equipment. This deposit cannot be returned until all equipment has been returned to us. The equipment must arrive back to our offices in the way it was deployed. Failure to do this may result in charges being applied to the account, which in some cases may come from the deposit.
- If the equipment is damaged, defaced, broken or has encountered any other faults which we believe the customer is accountable for, they will liable for any charges. In the first instance, we will inform the customer of what charges are being applied.
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 7 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.