User Agreement for HowToPay POS (Point of Sale Software)- SaaS Cloud Service
1. Acceptance of Terms
This User Agreement ("Agreement") is a legally binding agreement between you ("User" or "you") and Confidia Limited an Australian company with ABN 65 641 060 782 located at Unit B1, 13-21 Mandible St Alexandria NSW 2015 Australia (Confidia), ("Company," "we," "us," or "our") for the use of HowToPay POS - a cloud-based Point of Sale (POS) software service. By registering for, accessing, or using our service, you agree to be bound by the terms and conditions of this Agreement.
2. Description of Service
HowToPay POS is a cloud-based POS software provided on an "as-is" and "as-available" basis. It offers a range of billing and payment solutions. Our service is subject to scheduled and unscheduled service interruptions and loss of server data, which you agree to bear the risk of.
3. Subscription and Payment
Monthly Subscription: Access to the service is provided under a monthly subscription model.
Fees: The current fees are detailed on our website and may be subject to change with prior notice.
Renewal: Subscriptions automatically renew each month unless canceled.
Cancellation: You may cancel your subscription at any time; however, no refunds will be provided for the remaining subscription period.
4. User Responsibilities
Account Security: You are responsible for maintaining the security of your account and password.
Use of Service: You agree to use the service in compliance with all applicable laws and regulations and not for any unlawful purposes.
5. Intellectual Property
All intellectual property rights in the software and service are owned by or licensed to Confidia Limited. Your use of the service grants no rights other than those explicitly stated in this Agreement.
6. Disclaimer of Warranties
The service is provided "as-is" without warranty of any kind. [Your Company Name] disclaims all warranties, whether express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.
7. Limitation of Liability
Confidia Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from your access to or use of or inability to access or use the service.
8. Indemnification
You agree to indemnify and hold Confidia Limited and its officers, directors, employees, and agents harmless from any claims, damages, liabilities, costs, and fees (including reasonable attorneys' fees) arising from your use of the service.
9. Modification of Terms
We reserve the right to modify these terms at any time. Your continued use of the service after any such changes constitutes your acceptance of the new terms.
10. Governing Law
This Agreement shall be governed by the laws of New South Wales Australia without regard to its conflict of law provisions.
11. Contact Information
If you have any questions about this Agreement, please contact us at [email protected]
By using our website and associated services, you also agree to our General Client Terms and Conditions found here: https://www.howtopay.com/content/page.php?a=terms_of_use