hese Terms & Conditions set out the terms and conditions on which you will be bound if you purchase products and/or services from First Choice ePOS.
Please read them carefully as they will govern your relationship with us.
1. Definitions
1.1. “API” (Application Programming Interface) herein refers to the software set of functions and procedures that allow the creation of third-party applications, which access the features or data of FirstChoice Epos’s Servers and/or Equipment or Goods.
1.2. “Customer” herein refers to the end user of FirstChoice ePOS hardware, software, API’s, software or services, where FirstChoice ePOS have a contractual relationship, and who may make use of FirstChoice ePOS supplied software, API’s, Hardware, third party software, or store their own data on FirstChoice ePOS controlled servers or cloud based systems.
1.3. “Conditions” and /or “Terms”, means the terms and conditions of sale or business set out in this document and if applicable, any special varied terms and conditions agreed in writing by a Director of FirstChoice ePOS.
1.4. “End User License Agreement” is the contract between FirstChoice ePOS and the Customer establishing the Customers right to use of the software.
1.5. “EPOS” means ‘electronic point of sale’.
1.6. “FirstChoice ePOS” herein refers to FirstChoice ePOS Ltd, a company limited by shares registered in Ireland (company no. 665404). Its registered address is 36 Fitzwilliam Square, Dublin 2, Ireland. Telephone: + 353 1 652 3082 Email: support@firstchoiceepos.ie. It also refers to POSINABOX a trading brand and style.
1.7. GDPR and Data Protection Laws: means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the General Data Protection Regulation 2016/679 (GDPR) from 25 May 2018 and laws implementing or supplementing the GDPR, and to the extent applicable, the data protection or privacy laws of any other country. ‘Personal Data’ shall have the meaning defined by the applicable Data Protection Laws
1.8. “Goods” means those Products, Equipment, System/s, Software, Support or Services supplied.
1.9. “Hardware” includes but is not limited to crash drawers, receipt printers, touch screens and
peripherals.
1.10. “Product Maintenance” includes making changes to menu items and price changes.
1.11. “Professional Services” means all projects that are scoped out under the name ‘Professional
Services’ in an Order or Statement of Works.
1.12. “Software” means the Software provided by FirstChoice ePOS to the Customer
2. Parties to the Contract
2.1. “Customer” is the person(s) or company who accepts a quotation of the Company for the sale of the Goods or whose order for the Goods does the Company accept. The Customer is responsible for reading and agreeing our terms and conditions, as they will form the basis of the contract of purchase, support and all or any services supplied.
2.2. “Company” is FirstChoice ePOS Limited. FirstChoice ePOS Limited and its assignees are responsible for providing equipment and services that meets the agreements within the terms and conditions. The registered office is FirstChoice ePOS Ltd, 36 Fitzwilliam Square, Dublin 2, Ireland. The Company registration number is: 665404.
3. Choosing Products/Service
3.1. It is the responsibility of the Customer entirely to ensure that the hardware and software products they are purchasing meet their requirements.
3.2. The Company shall provide information about its products and service via the website www.firstchoiceepos.ie to help inform the basis of the purchase.
3.3. A customer choosing a product and/or service from FirstChoice ePOS is doing so based on ‘deemed acceptance’ of these terms and conditions and is automatically subject to them.
3.4. If requested by the Customer, FirstChoice ePOS may provide a demonstration of the software free of charge to help inform the Customer of the purchase.
3.5. FirstChoice ePOS will provide a written quotation on request. Any quotation is a guideline only (errors and omissions accepted) and does not (unless specifically stated by a company Director) form the basis of any contract between the Customer and the Company.
3.6. 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.
3.7. 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.
4. Purchasing Products/Service
4.1. These Terms and Conditions are available on our website – www.firstchoiceepos.ie.
4.2. It is the Customer’s responsibility to read and agree to the terms and conditions prior to making payment.
4.3. A customer doing business with FirstChoice ePOS is doing so based on ‘deemed acceptance’ of these terms and automatically subject to them.
4.4. 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 FirstChoice ePOS employees, representatives and/or in FirstChoice ePOS sales literature or via our website.
4.5. All prices by FirstChoice ePOS quotes are ex VAT. Where VAT should be paid, this will be added on the invoice before payment is received.
4.6. Once a payment is received the contract between FirstChoice ePOS and the Customer is in force based on these Term and Conditions.
5. Internet
5.1. FirstChoice ePOS hardware and software requires a reliable and robust connection to the Internet to take advantage of all of the online features and benefits.
5.2. 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. Whilst FirstChoice ePOS 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.
5.3. FirstChoice ePOS recommended Internet speeds are a minimum 7Mbps download speed and 0.6Mbps upload speed to support up to four till devices for each installation. Larger locations/installations will need higher internet speeds as appropriate to the size of installation and business. Internet speeds and consistencies can be checked by using Internet speed test websites or contact your Internet service provider.
5.4. FirstChoice ePOS cannot be responsible for any slow or unstable internet connection or responses to our systems that is caused by poor Internet connection.
6. Hardware / Hardware Warranty
6.1. FirstChoice ePOS will only support Hardware that it supplies.
6.2. FirstChoice ePOS will not be responsible for the configuration of third party Routers, WiFi access points or card machines not supplied by FirstChoice ePOS.
6.3. FirstChoice ePOS will not be responsible for internet, broadband, telephone lines or WiFi issues the Customer may encounter and which impact of the FirstChoice ePOS’s System.
6.4. The Customer must keep the Hardeware in the environmental conditions recommended by the manufacturer and ensure that the external surfaces, cables and fittings of the Equipment are kept clean and in good condition.
6.5. The Customer will ensure that the Hardware is only used by trained staff in accordance with the manufacturer’s or FirstChoice ePOS ‘s user instructions.
6.6. The Customer must tell FirstChoice ePOS in writing immediately that the Hardware or any part of it is changed.
6.7. The Customer will notify FirstChoice ePOS of change in the location of any part of the Hardware. Whilst any Hardware is being moved, all FirstChoice ePOS ‘s obligations to provide Support will be suspended. Support will be reinstated following re-installation of the Equipment provided that the Equipment has not been damaged or affected during the move. If the Equipment has been damaged or affected during the move, FirstChoice ePOS shall have the option to inspect
such Equipment at the current chargeable rates payable by the Customer.
6.8. The Customer will ensure that only personnel authorised by FirstChoice ePOS adjust, modify, configure, maintain, repair, replace or remove any part of the Hardware.
6.9. The Customer is solely responsible for any connection charges, line rental charges and call charges in relation to any Hardware.
7. Software as a Service
7.1. The Customer agrees that the Software supplied by FirstChoice ePOS will be supplied on the basis of a Software as a Service contract (“SAAS”).
7.2. FirstChoice ePOS will charge a €200 fee to supply Software on any device not supplied by FirstChoice ePOS.
7.3. The Customer agrees to make Software as a Service payments for a minimum of 18 months and to continue to make Software as a Service payments while continuing to use the software installed on devices.
7.4. The Customer undertakes to put and keep in place adequate security measures to protect the Equipment and any other software or data from viruses, harmful code or unauthorised access. FirstChoice ePOS shall not be responsible for any unauthorised access by means of hacking, any unauthorised access with intent to commit or facilitate the commission of an offence or any unauthorised modification by a third party.
7.5. Whilst every effort is made to maintain a remote access link, FirstChoice ePOS will not be liable for any loss suffered by the Customer if for any reason the remote access link is unavailable or interrupted for any period of time.
8. Warranties
8.1. FirstChoice ePOS Hardware is warranted against manufacturing defect for the period of twelve months from the date of delivery of the goods. This is the “Limited Warranty” period for this product.
8.2. The twelve month warranty shall only cover hardware inspected by the manufacturer.
8.3. An extended Hardware warranty of 12 months may be made available, at a cost, following an onsite Hardware inspection by FirstChoice ePOS.
8.4. Exclusions from this Warranty
8.4.1. Any “third-party hardware” is not covered by a warranty from FirstChoice ePOS (ie any hardware not supplied by FirstChoice ePOS).
8.4.2. The warranty does not apply to any power supplies, network cables or printer cables.
8.4.3. The warranty does not apply to the Software and Customer induced damages or circumstances, such as but not limited to:
8.4.3.1. The product has been tampered with, repaired and/or modified by nonauthorised personnel.
8.4.3.2. Seals have been broken or altered.
8.4.3.3. Obsolescence;
8.4.3.4. 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, gradual deterioration;
8.4.3.5. 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/spikes;
8.4.3.6. 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 devices;
8.4.3.7. Damage to the product through neglect to protect the hardware from viruses;
8.4.3.8. Damage to the product caused by an external electrical fault or any accident.
8.4.3.9. Fraud, theft unexplained disappearance or wilful acts;
8.4.3.10. Liquid/fluid damage or contamination of any kind;
8.4.3.11. 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 FirstChoice ePOS software.
8.5. Covering a Product Under Warranty
8.5.1. If a Customer believes their Product to have fault that is covered by their warranty, it must report the issue to FirstChoice ePOS within the warranty period and at its own expense return the item to FirstChoice ePOS.
8.5.2.Within 28 days of receiving the goods FirstChoice ePOS will examine the device and if covered by the warranty, and at FirstChoice ePOS’s discretion, either:
8.5.2.1. Replace the product with one of similar performance and capabilities
8.5.2.2. If a device fails outside of the first 30 days of original purchase, FirstChoice ePOS retains the right to replace or repair the product with refurbished or
remanufactured parts.
8.5.2.3. Repair and return the product
8.6. Out of Warranty products
8.6.1.If FirstChoice ePOS determines your product is outside of the limited warranty we will, at the Customer’s request, prepare a quote for repair or replacement.
8.6.2.The Customer can choose to pay for the repair or replacement or to have their original equipment returned (at their expense).
8.7. Replacement products
8.7.1.Where FirstChoice ePOS replaces or repairs a product under warranty, or as a chargeable out of warranty service, the repaired or replacement product inherits the remaining days of warranty from the original product.
8.7.2.If the original product has less than 30 calendar days of warranty remaining the replacement or repaired product will receive a warranty of 30 calendar days.
8.8. Dead on arrival
8.8.1.If a new device fails within the first 30 days of original purchase, and is covered by a warranty, FirstChoice ePOS will replace the device with another new product, at
FirstChoice ePOS’s expense.
9. Installation and Training
9.1. An installation date and time will be agreed between the Customer and FirstChoice ePOS. Should installation not take place, it will be rearranged by FirstChoice ePOS and the installation date will be at the discretion of FirstChoice ePOS.
9.2. Where time specific and/or on-site delivery and/or with installation and/or with training has been agreed, it is the customers responsibility to ensure FirstChoice ePOS time and costs are not wasted, disrupted or aborted without at least 48 hours advance notice. Any cancellation or change notice must be acknowledged and accepted in writing by FirstChoice ePOS.
9.3. The Customer will confirm that broadband connection is installed on site and the ePOS system can be connected via WIFI or Cable, whichever is deemed required by FirstChoice ePOS.
9.4. All cabling as required by FirstChoice ePOS must be confirmed by the Customer prior to installation.
9.5. If the disruption is caused by events outside the Customers control, then the customer has to make a claim on their own business insurance. Either way the Customer holds FirstChoice ePOS harmless to any impact whatsoever which disrupts prior agreed works.
9.6. Product Maintenance training will be provided on installation. The Customer must ensure end user training personnel need to be available and not distracted by other duties or pressures therefore creating a suitable environment to learn.
9.7. The Customer will also ensure that a member of its management team is present to show that training on both POS and Back-Office levels have been provided.
9.8. Within 48 hours of the System being installed, unless otherwise agreed, the Customer shall confirm that all programming/setup is satisfactory or whether any additional programming is required.
10. Fees/Payments
10.1. Hardware:
10.1.1. The Customer agrees to make a minimum of 18 months SAAS Payments. Should the Customer wish to cancel within the initial 18 month period the remainder of monthly payments left will be consolidated and paid for in full. Hardware must be paid for in full prior to installation unless otherwise agreed.
10.2. Software as a Service:
10.2.1. The agreed monthly Software as a Service payment (SAAS) shall be paid by Direct Debit or Standing Order only.
10.2.2. FirstChoice ePOS will issue a monthly invoice for SAAS payment on the 16th of each calendar month to the e-mail address provided by the Customer.
10.2.3. If the monthly Software as a Service payment is not received by the 20th of each calendar month the POS terminal and any related devices will automatically enter into lockdown mode.
10.2.4. Should a payment not be made by the 20th of each month, a €25 administration charge will be applied and payment in full must be received before FirstChoice ePOS will reactivate the ePOS System.
10.2.5. If the Customer wishes to cancel their Software as a Service mid-way through the initial eighteen month period, it will be liable to pay a charge calculated by multiplying the number of months remaining on the contract by the monthly payment.
10.2.6. The Customer is responsible for the cost of Software and/or Firmware upgrades which the Customer may request.
10.3. Additional Support and Charges / Professional Services
10.3.1. The Customer will provide FirstChoice ePOS with such information and assistance concerning the Equipment, its application, use, location and environment as
FirstChoice ePOS may reasonably require, to enable FirstChoice ePOS to carry out Support.
10.3.2. The Customer will notify FirstChoice ePOS if there is any failure of the Equipment and will allow FirstChoice ePOS full and free access to the Equipment,
documentation, software, materials and services necessary for the provision of the Support Maintenance.
10.3.3. The Customer will ensure that relevant trained and experienced staff is available when required to provide FirstChoice ePOS with information required to diagnose and/or repair the Equipment.
10.3.4. Where FirstChoice ePOS provides remote diagnostic services in respect of the Equipment, the Customer will put and keep in place a remote access link to the
Equipment, which is acceptable to FirstChoice ePOS.
10.3.5. The Customer hereby agrees that FirstChoice ePOS shall have the right at any time to access the Customer’s Equipment remotely solely for the purpose of providing Support. The Customer acknowledges and agrees that (solely for the purposes of providing support), such remote diagnostic services may be undertaken at times where the Customer is unavailable (for example, outside the Customer’s working hours) and FirstChoice ePOS shall have the right to perform any diagnostic and
maintenance services.
10.3.6. All Customer general support enquiries and requests should be e-mailed to FirstChoice ePOS at support@firstchoiceepos.ie.
10.3.7. The Customer will provide FirstChoice ePOS with an e-mail address that is currently in use and actively managed.
10.3.8. Regarding additional services in general, FirstChoice ePOS will request advance payment on account, prior to offering support and service on a ‘time and materials’ basis at the terms quoted to the Customer at that time – in advance.
10.3.9. Requests for additional programming must be supplied to FirstChoice ePOS at least 2 days in advance of being required.
10.3.10. Product Maintenance (eg menu items and price changes) are separate and in addition to the monthly fee and will be charged for separately.
10.3.11. Product Maintenance carried out by FirstChoice ePOS will only take place between office hours (10:00 – 18:00, Monday to Friday, excluding public holidays/bank
holidays).
10.3.12. After hours, emergency support is available Monday to Friday, 18:00-21:00 and weekends 10:00-21:00 via the Emergency Support telephone number. Programming of a System will not be carried out during these hours. This is for emergency support only.
10.3.13. Additional Product Maintenance programming after the Installation date will be invoiced at €70 + VAT per half hour of remote access programming.
10.3.14. Non-emergency onsite call outs shall be invoiced at €70 + VAT Callout charge and €40 per hour.
10.3.15. On request FirstChoice ePOS can quote an estimate for pre-payment in advance prior to any work or support commencing.
10.3.16. FirstChoice ePOS reserves the right to withhold or suspend any service pending payment in full for any outstanding monies.
11. Renewal & Cancellation
11.1 After eighteen months the Customer’s contract will become renewable on a month to month basis.
11.2 The Customer can serve 30 days’ notice prior to the renewal date in which to notify FirstChoice ePOS that they do not wish to continue on Support, FirstChoice ePOS will cancel the contract with no penalty to the Customer.
11.3 The Customer can serve 30 days’ notice prior to the renewal date in which to notify FirstChoice ePOS that they do not wish to continue on Support, FirstChoice ePOS will cancel the contract with no penalty to the Customer.
11.4 FirstChoice ePOS may also choose to end the contract if:
11.4.1. The Customer does not pay fees when they are due.
11.4.2. The Customer breaks this agreement and/or a related agreement in any other material way and you don’t correct the situation within 7 days of us asking The
Customer to do so.
11.4.3. FirstChoice ePOS reasonably believes that The Customer are infringing or have infringed our rights or the rights of a third party.
11.4.4. The Customer is the subject of a bankruptcy order, or become insolvent, or makes any arrangement with or for the benefit of creditors.
11.4.5. FirstChoice ePOS discontinues the product.
11.5 Where FirstChoice ePOS ends this contract, they will give at least 30 days’ notice.
12. Refunds and return of goods
12.1. Should the Customer wish to cancel an Order within two weeks (14 days) of placing an Order, 100% of the Hardware costs will be refunded provided written notice has been e-mailed to accounts@firstchoiceepos.ie and will be at the discretion of FirstChoice ePOS should a refund be proceeded electronically.
12.2. Should the Customer wish to cancel an Order within three to four weeks of placing it, 70% of the Hardware costs will be refunded provided written notice has been e-mailed to accounts@firstchoiceepos.ie and will be at the discretion of FirstChoice ePOS should a refund be proceeded electronically.
12.3. Where a product has been opened, FirstChoice ePOS will only accept a return of equipment if the system is deemed ‘not fit for purpose’ upon receipt of the goods and both parties must agree this. This must be based against the customers written purchase order terms and clearly stated requirements, prior to order and supply,
where FirstChoice ePOS accepted the order on those terms. The customer must show where FirstChoice ePOS has failed to comply to the terms and allow a reasonable
period to make good any agreed issues or shortcomings.
12.4. We cannot process a return based on the following:
12.4.1. Customer or staff not understanding or using the System properly;
12.4.2. Customer not properly researching or qualifying the purchase;
12.4.3. Functions not present or work differently to other products available in the market;
12.4.4. Compatibility with third party items/systems;
12.4.5. ePOS System that has been dispatched, configured, personalised and used;
12.4.6. Customer shutting down/product surplus to requirements after delivery;
12.4.7. Orders that contain bespoke or custom Hardware;
12.4.8. Operational problems arising from a Customer’s Internet or network connection or other environmental problems
12.4.9. You have accidentally damaged the item after delivery;
12.4.10. Misused the item and damaged it;
12.4.11. Tried to open or tamper with the Hardware in some way;
12.4.12. You no longer require the Hardware and it has been personalised;
12.4.13. The item is part of a custom or large order;
12.4.14. Item is not returned in its original packaging;
12.4.15. The goods are not in ‘as new’ and hygienically clean condition,
12.5. FirstChoice ePOS will diagnose the return request by this following process:
12.5.1. Understand why the Customer deems the product is ‘unfit for purpose’ attempt to reasonably resolve any issues when highlighted by the Customer via remote access.
12.5.2. 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 advance charge.
12.5.3. Once the issue is identified FirstChoice ePOS or it’s representative or partners, or sub-contractors, must be given reasonable time to resolve the issue and assistance to do so.
12.6 If we agree and you decide to return the item(s), we require it to be returned to us in the original packaging, with all boxes, items, components, leads, adaptors and manuals.
12.7 The Customer is responsible for the delivery of the goods to FirstChoice ePOS at Customer expense.
12.8 Refunds may only be made after all endeavours have been made by FirstChoice ePOS to resolve the issue.
12.9 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.
12.10 The Customer agrees to return all equipment supplied by FirstChoice ePOS to its offices located at:
FirstChoice ePOS
Base Enterprise Centre
The Michael Galvin Building
Damastown Road
Mulhuddart
Dublin 15
12.11 As part of FirstChoice ePOS’s refund policy, returned Hardware will be inspected. No refunds will be processed prior to the return and inspection of the Hardware at the offices of FirstChoice ePOS only.
12.12 Any amounts paid for on-site installations, product imports, support payments, postage, module integrations and repair and labour cost are non-refundable.
12.13 Any admin, support or software license or activation fees paid or due are strictly non-refundable.
12.14 Monies paid to third parties for any modifications made to the software at the Customer’s request shall also not be refunded.
12.15 Any Professional Services charged are not refundable.
12.1 Complaints Procedure
13.1. FirstChoice ePOS endeavoursto ensure that all Customers are satisfied with their purchase, however, where problems arise the Customer commits to following this Complaints Procedure.
13.2. If the Customer is not entirely satisfied with our products or services their first action should be to contact the Support Team via: + 353 1 652 3082 or e-mail: support@firstchoiceepos.ie. Contact details are also available at www.firstchoiceepos.ie
13.3. If the issue has not been satisfactorily resolved, the Customer should then make a written complaint either by email to info@firstchoiceepos.ie or by post to: Complaints Department, FirstChoice ePOS, The Michael Galvin Building, Base Enterprise Centre, Damastown Road, Mulhuddart, Dublin 15
13.4. Written complaints should include full details of the situation, and the nature of your complaint, in addition to any serial numbers and accounts numbers. Additionally, please provide the best contact details to reach you on.
13.5. FirstChoice ePOS will acknowledge the written complaint, within 48 working hours, confirming that we have received your complaint, and advising you of which FirstChoice ePOS Manager will be managing the resolution for you.
13.6. The Assigned Manager will endeavour to resolve your complaint as quickly as possible, working with you to understand all aspects and come up with a proposed resolution.
13.7. Once the proposed resolution is understood, the Assigned Manager will write to you documenting the resolution and rationale behind the decision.
13.8. Should you still not be happy with the resolution provided, you should contact the Assigned Manager and notify them you wish to escalate your complaint further.
13.9. All sales are bound by these Terms and Conditions, and FirstChoice ePOS 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’ (B2B) transaction and is not bound by Consumer law.
