“Company” or “XEPOS” refers to XE POS LTD, a Private Limited Company organized under the laws of England (09229843) with offices located at The Exchange, 26 Haslucks Green Road, Shirley, Solihull, B90 2EL “Customer” refers to the person or company signing this agreement “Contract” refers to any lease, hardware, software or support agreement between XEPOS and the customer

Usage of Website

If you wish to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern the company’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, you should stop using the website immediately. The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, some personal information may be stored by us for use by third parties.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
• The information on the website such as descriptions, specifications, prices and general content is for information and sales purposes only. XEPOS endeavours to ensure that this information is accurate and up to date, however makes no warranty or representation, implied or explicit, by either XEPOS, its employees or officers with the regard to its accuracy or completeness.
• No responsibility or liability is accepted or offered for misstatements, omissions or errors and no reliance should be placed on the information contained on our website. The information does not constitute an invitation to sell or purchase and any financial information is not offered as financial advice. XEPOS disclaims liability for any losses caused, arising from reliance on the information.

Software Licence Agreement Terms

1. PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING YOUR XEPOS SOFTWARE. BY USING YOUR SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE SOFTWARE. 2. General Use

• The software, interfaces, content, fonts, documentation and any data that came with your XEPOS license as may be updated or replaced by software updates or system restore software provided by XEPOS whether in read-only memory, on any other media or in any other form are licensed, not sold, to you by XEPOS LTD for use only under the terms of this License.
• XEPOS retain ownership of the software itself and reserve all rights not expressly granted to you.
• XEPOS, at its discretion, may make available future updates to the software for your EPOS system.
• The customer shall carry out regular back-ups to removable media stored separately from the supported items and carry out other normal system housekeeping routines. XEPOS shall not be liable for any loss or damage sustained or incurred by the customer or any third party through loss or spoiling of data resulting from any maintenance activity by XEPOS required or performed under this Agreement. XEPOS will use reasonable endeavours to put right any such loss of data or programs but reserves the right to charge for such.
• The customer remains totally responsible to have adequate virus protection to all parts of the system.
• Any additional software which is downloaded by the customer, which is not already pre-installed on your system, is done at the customers’ own risk.

3. Permitted license users and restrictions

• Each license allows you to use the software on the specific terminals requested by the customer at point of purchase.
• Each license does not allow the Software to exist on more than one terminal, and you may not make the XEPOS software available over a network where it could be used by multiple devices or multiple computers at the same time unless otherwise agreed by the supplier XEPOS.
• This license does not grant you any rights to use XEPOS proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the Epos system. Except as and only to the extent expressly permitted in this license or by applicable law, you may not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, decrypt, modify, or create derivative works of the XEPOS software, XEPOS software updates, or any part thereof. Any attempt to do so is a violation of the rights of XEPOS. If you breach this restriction, you may be subject to prosecution and damages.

4. Transfer

• You may not rent, lease, lend, redistribute or sublicense the XEPOS software or software updates

5. Termination

• This license is effective until terminated. Your rights under this license will terminate automatically without notice from XEPOS if you fail to comply with any term(s) of this license. Upon the termination of this license your software will be restricted.

6. Limitation of liability

• To the extent not prohibited by law, in no event will XEPOS be liable for personal injury, or any incidental, special indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the XEPOS software and software updates however caused, regardless of the theory of liability (contract, tort or otherwise).
• In no event shall XEPOS’s liability to you for all damages exceed the amount of your initial purchase price foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
• The customer is responsible for making sure that the EPOS software is compliant with any local laws and regulations in the jurisdiction in which the system will be used. XEPOS is not liable for any loss or damage caused to the customer as a result of the software not abiding by local laws and regulations, including (but not limited to) any fines or financial penalties issued to them by their local authorities. XEPOS only guarantees that the software will be compliant with the laws and regulations of the United Kingdom and Republic of Ireland.
• XEPOS is not liable for any loss or damage caused to the customer by problems relating to integrated card payment solutions.

General Terms and Conditions of Trading with XEPOS

1. Parties to the Contract

• “Customer” is the person who accepts a quotation of the Company for the sale of the Goods or whose order for the Goods is accepted by the Company. The customer is responsible for reading and agreeing our terms and conditions as they will form the basis of the contract of purchase and service agreement.
• “The Company”, “XEPOS”, XE POS Ltd. XEPOS are responsible for providing a purchase and service that meets the agreements within the terms and conditions. Our registered office is The Exchange, 26 Haslucks Green Road, Shirley, Solihull, B90 2EL. Our company registration number is 09229843.

2. Choosing a product from XEPOS

• The Company shall sell and the Customer shall purchase the Goods in accordance with any written quotation of the Company which is accepted by the Customer, or any written order of the Customer which is accepted by the Company, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer. No variation to these Conditions shall be binding unless previously agreed in writing between the authorized representatives of each of the Customer and the Company.
• The Company shall provide information about our products and services to help inform the basis of the purchase.
• If requested by the Customer, the Company may provide a full demo of our software free of charge if the customer desires to help inform the customer of the purchase.
• It is the responsibility of the customer entirely to ensure that the hardware and software products they are purchasing meet their requirements.
• The Company will provide a written quotation on request. This quotation is a guideline price and does not form the basis of any contract between the Customer and the Company.
• Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Company is followed or acted upon at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
• Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, website or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

3. Purchasing from XEPOS

• These Terms and Conditions are available on our website.
• It is the customer’s responsibility to read and agree to the terms and conditions prior to making payment.
• All product pricing is provided in “good faith”. Written quotations will usually be valid for 30 calendar days from issue, however, some offers and discounts are subject to shortened timeframes. Where this is the case, the customer will be advised by XEPOS employees and/or in XEPOS sales literature.
• All prices XEPOS quotes are ex VAT. Where VAT should be paid, this will be added to the invoice before payment is received.
• Any packages provided by XEPOS and their prices are subject to change at any time without notice.
• Once a payment has been received the contract between XEPOS and the Customer is in force.
• XEPOS may record phone calls for training purposes.

4. Internet

• Our hardware and software require a reliable and robust connection to the internet to take advantage of all the online features and benefits.
• It is the customer’s responsibility to ensure that they have an appropriate internet connection in place prior to installation and to also ensure that the internet connection is maintained correctly.
• Our recommended internet speeds are a minimum 7Mbps download speed and 0.6Mbps upload speed.
• Internet speeds and consistencies can be checked by using internet speed test websites or contact your internet service provider.
• Whilst XEPOS employees may provide advice and an indication of the suitability of the Customer’s internet connection, it remains the Customer’s responsibility to ensure they have a suitable internet connection both before and after an order is placed.
• XEPOS cannot be responsible for any slow responses to our system that is caused by poor internet connection.
• XEPOS cannot be held liable for any loss or damages incurred to the Customer caused by loss of service due to server downtime on any of our cloud based solutions. Any loss incurred to the Customer is of no responsibility to XEPOS.

5. Buy Outright

• XEPOS offers customers the option to buy systems by paying the whole upfront cost of the equipment at the point of purchase.
• Ownership and use of the equipment is as specified according to these terms and conditions.
• At time of placing an order under the buy outright scheme, XEPOS will advise the Customer of any upfront costs.
• Customers ordering systems on the buy outright scheme will own any hardware once they have completed purchase of the systems in accordance with these terms and conditions.
• In order to complete purchase of the systems, the customer must pay the full upfront cost for any equipment, software and other services provided as specified on their invoice, and also read, agree to and sign a copy of these terms and conditions.
• All systems purchased with XEPOS will come with a period of free hardware and software support which will be specified in the customer’s invoice. If no period is specified, the customer will receive free hardware and software support for a period of 3 months.
• Once the free support period has ended, the customer will automatically be enrolled onto a 12 month hardware and software support plan at the price specified in this agreement unless the customer advises XEPOS in the 14 days before the free support ends that they do not wish to continue with any support.
• If the customer wishes to notify XEPOS that they do not wish to continue with support they must send written confirmation by email to cancellations@xepos.co.uk.
• If the customer is enrolled onto a support agreement, the customer agrees that XEPOS will keep the customer enrolled on this agreement on an ongoing basis and the customer will keep an active support plan or pay the annual license fee in order to use the EPOS software.
• The customer does not hold XEPOS responsible for any defaults or claims arising out of use of the equipment.
• The upfront cost does not include any ongoing services or consumables (unless otherwise agreed) but these are available on request, at a charge.
• It is the customer’s responsibility to insure the equipment, and any injuries or damages caused to any person or property is the responsibility of the customer.
• XEPOS will not release the BIOS password or any O/S admin password to the customer for a period of 5 years since the date of purchase

6. Annual License Fee

• XEPOS charges an annual license to all customers using the XEPOS software, with the exception of those on a Support Plan (which includes the fee).
• Payment becomes due on the anniversary of the original account activation.
• The first year’s license fee is included in the price of purchasing our software.
• The Annual Licence Fee is currently £150 (ex VAT) per device.
• The fee is non-negotiable and non-refundable
• Failure to have a valid license in place will restrict access to the XEPOS software.
• Payment of the annual license fee provides the following service
  • Use of the XEPOS software for next 12 months
  • Maintenance and operating costs of the XEPOS servers
  • Selective system updates improving the running and functionality of the software
• XEPOS reserves the right to change the price of its annual license fee at any time without notice.

7. Lease

• The Lease Agreement contract allows the customer to lease the equipment for the term stated in the agreement.
• These services have a fee, which is charged monthly, with a minimum contract length of 12 calendar months.
• At time of placing an order for leased equipment, XEPOS will advise the Customer of the leasing period, and the fee for leasing during this period.
• On acceptance of an order, a deposit will be taken per terminal will be taken in addition to the first month’s leasing fee.
• If the leasing period is for greater than one month the subsequent payments are due in 1 month intervals, starting from the first date of the leasing period.
• It is the customer’s responsibility to document, and provide back to XEPOS, any defects in the cosmetic condition of the equipment within the first 24 hours of receiving the goods.
• XEPOS remains the owner of the equipment at all times. At the end of the initial lease period, the customer is eligible to purchase all equipment being leased to them for a fee of £1, this does not include use of XEPOS software and is in accordance with our terms and conditions under section 5 of the agreement.
• If the equipment is returned damaged beyond the value of the deposit, XEPOS retains the right to invoice the customer for the amount additional to the deposit. The customer must pay this charge within 14 days of receiving the invoice.
• If the customer cancels the contract within the leasing period they must return any hardware they have received and pay the remaining balance of the leasing contract (calculated by multiplying the number of months outstanding by the monthly fee) in addition to any cancellation fees. This must be paid upfront and in full.
• The Customer is at all times responsible for ensuring timely payments to avoid default charges. XEPOS reserves the right to charge up to £5 (ex VAT) for each day that payment is overdue.
• The Customer does not hold XEPOS responsible for any defaults or claims arising out of use of the equipment.
• The equipment leasing fee does not include any ongoing services or consumables but these are available on request, at a charge.
• The Customer is responsible for informing XEPOS of any changes to their contact details.
• Once the initial lease period comes to an end, the customer will automatically be enrolled onto another agreement for an additional 12 months unless the customer advises XEPOS in the 30 days before the end of the contract that they do not wish to continue. If the customer continues payments will either remain the same or the customer can instead be signed up to a hardware and software support plan at the price specified in this agreement. This will include 12 months license for the XEPOS software
• If the customer wishes to notify XEPOS that they do not wish to continue with the contract they must send written confirmation by email to cancellations@xepos.co.uk 14 days before the end of the contract, notification in any other way will be not be accepted to cancel the contract.
• It is the customer’s responsibility to insure the equipment, and any injuries or damages caused to any person or property is the responsibility of the customer.

8. Hardware without upfront costs

• XEPOS offers some services where we supply hardware and/or software solutions, without any upfront cost, but instead with a monthly fee. This includes, but isn’t limited to, CCTV integration.
• These services have a fee, which is charged monthly, with a minimum contract length of 12 calendar months.
• The customer will be advised of the monthly fee at the time of purchase.
• If the customer cancels the contract within the first 12 months they must return any hardware they have received and pay the remaining balance of the 12 month contract (calculated by multiplying the number of months outstanding by the monthly fee) in addition to any cancellation fees. This must be paid upfront and in full.
• The Customer is at all times responsible for ensuring timely payments to avoid default charges. XEPOS reserves the right to charge up to £5 (ex VAT) for each day that payment is overdue.
• The Customer does not hold XEPOS responsible for any defaults or claims arising out of use of the equipment.
• After 12 calendar months, the customer will automatically be enrolled onto another agreement for an additional 12 months. Payments will either remain the same or the customer can instead be signed up to a hardware and software support plan at the price specified in this agreement.
• It is the customer’s responsibility to insure the equipment, and any injuries or damages caused to any person or property is the responsibility of the customer.

9. Support Plan

• XEPOS offers two optional Support Plans: Software Support and Hardware and Software Support.
• Customers can upgrade to a Support Plan by contacting XEPOS via phone or email.
• Software Support is currently charged at £20 (ex VAT) pcm or £200 (ex VAT) per annum, per system covered.
• Hardware and Software Support is charged at £30 (ex VAT) pcm or £300 (ex VAT) per annum, per system covered.
• By signing up to a Support Plan the Customer is agreeing to these terms and conditions.
• All Support Plans are 12 month rolling contracts and will automatically renew for a further 12 months at the end of the contract term.
• Engineer call outs are not covered in any of our support plans.
• When the Customer signs up for a Support Plan they can choose whether to pay annually or monthly. Payments are required in advance.
• Where the Customer chooses to pay monthly they must provide recurring payment details either through direct debit or a credit or debit card.
• Monthly payments are due each month, on the same day of the month the plan was purchased.
• XEPOS will attempt, through their payment providers, to take the payment each month. Where payments fail XEPOS will attempt to take the payment again.
• If a payment fails XEPOS retains the right to restrict access to the XEPOS software for all the Customer’s licenses, locations, and devices until payments continue, and missed payments are received in full.
• If the customer wishes to cancel their Support Plan mid-way through the one-year contract they will be liable to pay a charge calculated by multiplying the number of months remaining on the contract by their monthly payment in addition to any cancellation fees. This must be paid upfront and in full.
• XEPOS reserves the right to change the prices of its support packages at any time without notice.

10. Software Support

• Software Support includes the following:
  • Access to the XEPOS Support Team during the hours (UK time) of 9am-7pm Monday-Friday and 10am-4pm Saturday, excluding public holidays (subject to change)
  • Remote technical support from our UK call centre
  • Software updates
  • Email support
  • Encrypted backup of transaction data (on request)
  • Remote training for all staff
  • Access to full Stock Control module

11. Hardware and Software Support

• Hardware and Software Support includes everything within the Software Support plan and access to the Replacement Service.
  • If the customer is paying for hardware support, they are entitled to replacements of faulty hardware under the replacement service
  • In the event of any fault occurring with any hardware covered by the replacement service, XEPOS can arrange for replacement or repair of the faulty hardware within 3 working days of collecting and testing of the original equipment (subject to availability). XEPOS cannot be held liable for any loss or damage to the customer during this time due to any downtime of the EPOS system.
  • XEPOS will only replace faulty hardware after inspection and testing by the technical support team and is not obliged to replace any hardware which the customer has self-diagnosed as being defective.
  • XEPOS will not dispatch replacement items to the customer until after collection and testing of the original item.
  • The goods provided as replacements will be either new or ‘as new’ and may be provided for a temporary period.
  • Once the faulty hardware has been collected, XEPOS reserves the right to rectify the fault and reissue the same hardware back to the customer.
  • If it is deemed by XEPOS that the fault is not hardware related after inspection of the item by XEPOS technicians, XEPOS reserves the right to charge the customer for the item to either be repaired or replaced.
  • The replacement service is only valid for addresses inside the UK.
  • The replacement service is subject to a fair use policy of a maximum of 3 replacements per calendar year.
  • The replacement service does not cover waiter tablets provided alongside an EPOS system unless specifically defined in the contract.
  • XEPOS reserves the right to charge an excess fee of up to £180 for replacement with a newer model of any EPOS terminal, touch screen or base unit which is no longer available at the time of replacement.
  • XEPOS cannot be held liable for any loss or damage to the customer due to faults occurring with any of its hardware.

12. Setup and Training

• When XEPOS supplies an EPOS system to a customer, XEPOS agrees to setup the system to a basic configuration before sending it out. This setup includes:
  • Installation of EPOS Software
  • Setup of User Account
  • Menu Programming
• The setup does not include (unless agreed in writing):
  • Entering Products and Prices
  • Importing Products and Prices
  • Setting Up Advanced Configurations or Integrations
  • On Site Support
  • Engineer Call Outs
  • Out of Hours Support
• XEPOS agrees to provide full training to the customer on how to use the system once the customer’s system has been delivered.
  • All training is done remotely and customers will require an active internet connection as specified in these terms and conditions to be eligible.
  • Training is limited to a maximum of 10 hours in order to prevent abuse.
  • Training will only be provided within 30 days of a customer receiving their system unless the customer is covered by a valid support package.

13. Operating System

• Customers covered by a valid support package can make requests to the XEPOS technical team regarding any modifications that need to be done to the operating system. XEPOS does not give out administrative passwords for the operating system due to technical concerns regarding data corruption and system performance.

14. Delivery

• Whilst XEPOS take every care to ensure that items are packaged in such a way as to minimise the risk of damage in transit, it is the customer’s responsibility to check the products before they are accepted at the time of delivery. XEPOS is not liable for any damaged equipment after it has been accepted and/or signed for from the courier. XEPOS must be notified of any damaged equipment on the day of delivery in order to qualify for replacement.
• XEPOS will take all reasonable steps to make sure items are delivered on the agreed delivery date. However, XEPOS is not liable for any loss or damages to the customer by any delay in delivery by any cause.
• XEPOS cannot be held responsible for any damage to a customer’s own equipment caused by the use of the company’s courier service. It is the customer’s responsibility to ensure the safe transit of goods to and from the company’s premises.
• Any collection of goods from a customer’s premises (whether belonging to XEPOS or the customer) will remain the responsibility of the customer whilst in transit. XEPOS reserves the right to charge for any damage to equipment due to poor or improper packaging on the part of the customer.
• XEPOS may pass the customer’s details to third-party suppliers to contact them by email and/or text message regarding the delivery of equipment.
• It is the responsibility of the customer to provide XEPOS with the correct address, email and mobile number. XEPOS is not liable for the loss of any items delivered to the wrong address as a result of incorrect details being provided by the customer.
• It is the responsibility of the customer to have an appropriate person available to sign for the delivery. All deliveries must be signed for.
• In case an item needs to be returned for any reason, original packaging may provide a better protection for the product during transportation. If an item is damaged in transit due to poor packaging by the customer then XEPOS reserves the right to charge for this.

15. XEPOS Hardware Warranty

• Any new hardware purchased directly from XEPOS, and manufactured by XEPOS, is warranted against manufacturing defect for the period of one year from the date of delivery of the goods. This is the “Limited Warranty” period for this product.
• Any refurbished product purchased directly from XEPOS is warranted against manufacturing defect for the period of 90 days from the date of delivery of the goods unless sold as “like new” where it will have a period of one year from the date of delivery of the goods. This is the “Limited Warranty” period for this product.
• Exclusions from this Warranty:
  • Any “third-party hardware” is not covered by a warranty from XEPOS. Third-party hardware is any hardware not manufactured by XEPOS, or any hardware which is not branded as “XEPOS”.
  • The warranty does not apply to the software and customer induced damages or circumstances, such as but not limited to:
    1. The product has been tampered with, repaired and/or modified by non-authorised personnel;
    2. The warranty seals have been broken or altered;
    3. Damage (accidental or other) to the product that is cosmetic, meaning damage that does not impact the operation and functioning of the product, such as but without limitation to rust, change in colour, texture or finish, wear and tear and gradual deterioration;
    4. Damage to the product caused by war, terrorism, fire, accident, natural disasters, intentional or accidental misuse, abuse, neglect or improper maintenance, use under abnormal conditions, accidental drops, spills, or power surges:
    5. Damage to the solution caused by improper installation, connection or malfunction of a peripheral device such as a printer, optical drive, network card, or USB device
    6. Damage to the product through neglect to protect the hardware from viruses
    7. Damage to the product caused by an external electrical fault or an accident
    8. Fraud, theft, unexplained disappearance or wilful acts:
    9. Liquid/fluid damage or contamination of any kind
    10. Damage caused by user error such as malware, uninstallation, other programs, mistreatment or any software problems that are caused by use of anything other than XEPOS software
  • The warranty applies to replacement of faulty hardware only and does not cover the following:
    1. Reprogramming of Products and Menus
    2. Software Setup
    3. Setup of Peripherals
    4. Data Recovery
  • XEPOS is not liable to provide any additional support in relation to the warranty as above without a valid support contract being in place with the customer.
• Covering a Product Under Warranty
  • If a customer believes their product to have a fault that is covered by their warranty they must report the issue to XEPOS within the warranty period and return the item to XEPOS at their expense.
  • Within 28 days of receiving the goods XEPOS will examine the device and if covered by the warranty will, and at XEPOS’s discretion, either:
    1. Replace the product with one of similar performance and capabilities
    2. Repair and return the product
  • If a device fails outside of the first 30 days of original purchase, XEPOS retains the right to replace or repair the product with refurbished or remanufactured parts.
• Out of Warranty products
  • XEPOS determines your product is outside of the limited warranty we will, at the Customer’s request, prepare a quote for repair or replacement.
  • The customer can choose to pay for the repair or replacement or to have their original equipment returned (at their expense).
• Replacement products
  • If XEPOS determines your product is outside of the limited warranty we will, at the Customer’s request, prepare a quote for repair or replacement.
  • The customer can choose to pay for the repair or replacement or to have their original equipment returned (at their expense).
• Dead on arrival
  • If a new device fails within the first 30 days of original purchase and is covered by a warranty, XEPOS will replace the device with another new product, at XEPOS’s expense.

16. Contract Renewal & Cancellation

a. After the customer’s contract comes to an end, it will automatically renew for another 12 months unless the Customer advises XEPOS in the 14 days before the renewal date that they do not wish it to continue. b. If the customer wishes to cancel the contract or notify XEPOS that they do not wish it to renew they must send written confirmation by email to cancellations@xepos.co.uk, the email must be sent from the customers registered email address with XEPOS and include full business name and business address. c. If the customer decides to cancel the contract more than 14 days before the renewal date, they will be liable to pay XEPOS the full amount of the remaining monthly payments in addition to a £150 early cancellation fee, in full and upfront at the time of cancellation. d. To continue to use the XEPOS software after cancellation the Customer must either pay the Annual Licence Fee or sign up to another Support Plan. e. XEPOS may also choose to end the contract if:

i. The Customer does not pay the charges when they are due. ii. The Customer breaks the terms of this agreement and/or any other related agreements in any other way and the customer does not correct the situation within 7 days of notification by XEPOS. iii. We reasonably believe that you are infringing or have infringed our rights or the rights of a third party. iv. The Customer is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement with or for the benefit of creditors. v. XEPOS discontinues this product.

f. Where XEPOS ends this contract they will give at least 30 days’ notice.

17. Refunds and Returns (Standard Returns Policy)

• No return or refund will be issued unless the Complaints Procedure outlined in these Terms and Conditions is followed.
• Any returned goods should be returned in the original packaging. XEPOS reserves the right to charge for any damages caused in transit due to poor packaging.
• Software sales are excluded from the standard returns policy due to the considerable costs in configuration, personalization, training, and dispatch. These items are strictly ‘nonrefundable’.
• Where a product has been opened (or it is an EPOS system or software), XEPOS will only accept a return of equipment from the customer if the system is deemed ‘not fit for purpose’ upon receipt of the goods and this is agreed in writing by both parties.
• We cannot process a return based on the following:
  • Customer or staff training needs, not understanding or using the system properly
  • Customer not properly researching or qualifying the purchase
  • Functions that are not present or work differently than other products available in the market
  • Compatibility with third-party items/systems, including (but not limited to):
    1. Integrated Card Terminals
    2. Barcode Printing Scales
    3. Integrated Weighing Scales
    4. Dot Matrix Printers
  • EPOS systems that have been dispatched, configured, personalized and used
  • Customer shutting down the business/product surplus to requirements after delivery
  • Orders that contain bespoke or custom equipment
  • Operational problems that arise from a customer’s internet connection or other environmental problems that are out of our control
  • You have accidentally damaged the item after delivery
  • Misused the item and damaged it
  • Tried to open or tamper with the unit in some way
  • You no longer require the equipment and you have personalized it
  • If the item is sold as faulty via our auctions/clearance
  • The item is part of a custom or large order
  • Item is not returned in its original packaging
  • The goods are not in ‘as new’ condition.
  • Any equipment damaged may be charged at full cost.
• XEPOS will assess the return request using following process:
  • Understand why the customer feels the product is ‘unfit for purpose’ and attempt to reasonably resolve any issues highlighted by the customer
  • Attend the customer’s business premises if the situation cannot be resolved remotely to perform a site survey and onsite training or repair. This may be subject to a charge.
  • Once the issue is identified we must be given reasonable time and assistance to resolve the issue.
• XEPOS reserves the right to charge any costs to the customer incurred to the company as a result of the customer’s cancellation, including (but not limited to):
  • Software Activation Fee of £180 per system
  • Software Programming Fee of £250 per system
  • Delivery Fees of up to £50 per system
  • Software Licensing Fees
  • Deposit Payments (all deposits are non-refundable)
• All returns must be requested within 7 days of originally placing an order. XEPOS will only accept requests that are submitted via email to returns@xepos.co.uk. Any returns requested not according to these terms will not be accepted in accordance with this agreement.
• Monies paid to third parties for any modifications made to the software at the customer’s request shall also not be refunded.
• If you decide to return the item(s), we require it to be returned to us in the original packaging, with all boxes, leads, discs, adaptors, and manuals.
• The customer is responsible for the delivery of the goods to XEPOS at customer expense, and only after the goods have been checked by an engineer of XEPOS, will any payment be agreed upon and released. The goods must be received in original packaging as the goods were originally dispatched, otherwise, a return cannot be processed.
• Refunds may only be made after all endeavours have been made by XEPOS to resolve the issue.
• In the event of a return, refunds, credit notes and exchanges can only be made to the card account or business/person that made the order originally, these will be processed within 28 days of return.
• For any payments made through a finance company, we would only be able to refund any amounts due via their instruction in writing.
• Any payments made by the customer under a lease agreement are non refundable. If a customer wishes to cancel their lease agreement, the customer must return all equipment back to XEPOS, and the remaining amount of the contract becomes payable in full and upfront at the time of cancellation.
• Any amounts paid for onsite installations, product imports, support payments, postage, module integrations and repair and labour cost are non-refundable.
• Any collection made outside of a UK address may occur additional cost payable by the customer.

18. Complaints Procedure

• XEPOS endeavours to ensure that all customers are satisfied with their purchase, however, where problems arise the Customer commits to following this Complaints Procedure.
• If the Customer is not entirely satisfied with our products or services their first action should be to contact the Support Team. Contact details are available at www.xepos.co.uk.
• If the issue has not been satisfactorily resolved the Customer should then make a written complaint either by email to complaints@xepos.co.uk or by post to XEPOS, The Exchange, 26 Haslucks Green Road, Shirley, Solihull, B90 2EL
• Written complaints should include full details of the situation, the nature of the complaint and the customer’s full contact details.
• XEPOS will respond to initial complaints within 3 working days providing advice on who will be managing the resolution.
• The Assigned Manager will endeavour to resolve the complaint as quickly as possible, working with the customer to understand all aspects and come up with a proposed resolution.
• Once the proposed resolution is understood, the Assigned Manager will write to the customer documenting the resolution and rationale behind the decision.
• By signing this agreement, the customer agrees that if they decide to pursue claim against XEPOS via the County Court or Chargeback Scheme, they will give XEPOS a minimum 14 days notice of their intention to do so before beginning proceedings.
  • Written notification must be sent via email to customerservice@xepos.co.uk.
  • During this period, XEPOS will endeavour to do everything in its power to resolve any issues for the customer.
  • The customer agrees that if they fail to provide XEPOS with the required written notification, they thereby forfeit any claim they may have had.
• All sales are bound by these Terms and Conditions, and XEPOS asks that the Customer read the full Terms & Conditions of Sale before raising a complaint. Please note that whilst your statutory rights are not affected, this is a Business to Business transaction and is not bound by Consumer law (such as the Consumer Rights Act 2015).