Thank you for choosing VPOS. By clicking the “I accept” button, or by signing up or otherwise using the VPOS website, content and software application (together, the “products/services”) or accessing any content that is made available to you by VPOS or by purchasing VPOS products and services, you agree to be followed and be bound by the below terms and conditions. If you are entering into this agreement on behalf of the company, client or legal entity you represent and confirm that he had the authority to bind such entity to the following terms and conditions. If you do not have the said authority you must decline these terms and conditions, alternatively not advance past this page on our website
1. Online Terms and Conditions
1.1 POS refers to point of sale.
1.2 The purpose of these terms and conditions are to govern the use of the POS services provided by VPOS.
1.3 Your use will be a non-exclusive and a non-transferable right to the services provided to you by VPOS.( us, we, the company).
1.4 The person entering into these terms together with all individual users, acknowledge, accept and agree to be bound by these terms.
1.5 The person signing this agreement on behalf of a juristic entity confirms that he/she is authorised to represent the said entity.
1.6 In these terms and conditions, unless the context otherwise indicates:
1.6.1 The singular shall include the plural and vice versa;
1.6.2 Reference to any gender shall include both genders;
1.6.3 Reference to person shall include natural persons and juristic entities or unincorporated entities;
1.6.4 The headings in these terms and conditions are for the sake of convenience and shall not govern the interpretation thereof;
1.6.5 All terms in the terms and conditions are material;
1.6.6 Where figures are referred to in words, and there is conflict between the two, the meaning of the words shall prevail;
1.6.7 Any number of days prescribed shall be determined by excluding the first day and including the last day and where the last day falls on a weekend or public holiday, the next succeeding business day;
1.6.8 No provision in these terms and conditions shall be interpreted against VPOS, notwithstanding that we are responsible for the drafting of the terms and conditions.
1.6.9 In these terms and conditions services mean VPOS’S point of sale and inventory management products and services, and any future technologies and the functionality provided by those products and services, offered by us from time to time including:
1.6.9.1 customer support;
1.6.9.2 training;
1.6.9.3 front and back end deployments;
1.6.9.4 hardware;
1.6.9.5 VPOS software:
1.6.9.5.1 Point of sale software;
1.6.9.5.2 Inventory management;
1.6.9.5.3 Reporting; and
1.6.9.5.4 Customer relationship management.
1.6.10 If you do not agree or accept these terms and conditions you must not use our services, decline these terms and conditions and not advance any further than this point on the website. Any rights not granted to you in terms of these terms and conditions, remain strictly reserved.
1.6.11 Using our services constitutes acceptance of these terms and conditions.
1.6.12 VPOS may, from time to time and at any time, revise update, discontinue or otherwise modify, temporarily or permanently, the services and any part of your access thereto.
1.6.13 The onus is on you to access the website of VPOS and to familiarise yourself with any amendments made to the terms and conditions and the privacy policy.
1.6.14 Failure by any party to enforce any provision of the terms and conditions will not constitute a waiver of such provision or affect in any way a party’s right to require performance of such provisions at any time in the future, nor will a waiver of a subsequent breach nullify effectiveness of the provision itself.
1.6.15 The parties are independent contractors, and nothing contained in these terms and conditions shall be deemed to constitute either party as an agent or representative of the other party. The parties are not a joint venture or partners for any purpose.
1.6.16 Refunds will not be issued for any other reason, including but not limited to changes in customer requirements, dissatisfaction with the product, or any other reason not expressly provided for in these terms and conditions.
1.6.17 All hardware purchased from VPOS is non-refundable.
2. Cancellation or Suspension of Services
2.1 We may cancel and/or suspend your account with us at any time, if, in our sole discretion you have committed a material or persistent breach of these terms and any other terms which apply to the use of our services.
2.2 You are entitled to cancel your account with us at any time, on 20 business days’ notice.
2.3 Your cancellation must be communicated to us at address listed above, alternatively by accessing our website and taking the necessary steps.
2.4 If you cancel your account prior to your billing date, you will be responsible for the fees of the following month.
2.5 Your billing date will be the date upon which you are invoiced for the services every month and you will not be entitled to a refund of any fees which you may have paid in advance
2.6 Take note, other than the required statutory time periods to store certain information, we will not store any of your data from the date of cancellation of the terms and conditions and reserve the right to delete/remove same from our systems.
2.7 In the event that your data is deleted from our systems, there will be no way to recover same and we cannot be held liable for any loss or damages suffered as a result thereof.
2.8 It remains your responsibility to ensure that your data is correctly stored and/or backed up.
3. Your Obligations
3.1 You shall throughout the duration of the agreement between the parties;
3.1.1 not conduct unlawful/fraudulent business activities;
3.1.2 ensure that you comply with these terms and conditions;
3.1.3 honour each card that is presented by the rightful cardholder to you in payment for goods and services
3.1.4 Ensure that you take due care in accepting cards to ensure that no fraudulent cards are accepted;
3.1.5 Ensure that you supply goods and services at a price not exceeding your normal cash price;
3.1.6 You may not set a minimum or maximum amount as condition of honouring the card/transaction;
3.1.7 You will be responsible for yourself, as well as all of your employees and agents at all times;
3.1.8 Allow us such access to the platform to enable us to repair or service the point of sale programming and must immediately inform us of any error or fault that needs attention.
3.1.9 Provide us on 14 days’ notice of any change of your stores or manner in which you conduct business, which includes the following:
3.1.9.1 the owners of the business;
3.1.9.2 a material change in the nature of your business accompanied by the required documents to prove same
3.1.9.3 fraud prevention measures that you have implemented;
3.1.9.4 change of bank details;
3.2 The onus is on you to ensure that your devices contain the minimum necessary anti-virus programs to ensure that your devices cannot be corrupted or accessed by unauthorised parties.
4. Fees
4.1 The fees charged for the use of our services can be found on our website and is also set out in our pricing guide.
4.2 The fees are subject to pricing reviews and we are entitled to increase the fees at our own discretion, however we will notify you at least 30 days before increasing.
4.3 If your database usage of VPOS significantly exceeds the average database usage (as determined solely by VPOS) of other VPOS customers, we reserve the right to upgrade your account to a higher plan which corresponds with your usage. We will afford you 14 days’ notice of the intended change.
4.4 Fees are charged monthly in advance and are non-refundable.
4.5 All fees are inclusive of VAT (value added tax) and you herewith indemnify VPOS against any claim by any tax authority for any underpayment in sales for goods sold and services rendered, value-added or other tax any penalties and/or interest.
5. Adding Additional POS to Your Account
5.1 You may add additional POS to your account by accessing our website whilst you are logged into your account.
5.2 If you intend to remove any additional POS, you are to give notice to us and follow the steps set out on our website.
5.3 There will be a 20-business day notice period wherein the removal of a POS must be communicated to us prior to your billing date, to remove an additional POS.
5.4 We do not accept any loss of data as a result of the removal of a POS.
5.5 You will be liable for the costs of any additional device as per the pricing schedule.
6. Agreement Term
6.1 This agreement is based on a month to month contract
6.2 If you intend not to proceed with our services after the agreed term, we require 20 calender days notice prior to the agreement expiring failing which this agreement will renew on a month to month basis.
7. Quality of Services Rendered by Us
7.1 We provide services ‘as is’ and ‘as available’.
7.2 Use of our services are at own risk.
7.3 In the event of maintenance of our system/services we will at all times attempt to provide you with adequate notice of any necessary or scheduled maintenance or possible interruption to our services, where possible.
8. Limited Liability
8.1 By accepting the terms and conditions, you indemnify all parties including third parties, financial institutions, VPOS and our staff from any damages which may directly or indirectly arise from the use of our service.
8.2 By accepting these terms and conditions you acknowledge that the maximum amount of damages for any event that can be claimed from us is the monthly service fee for the use of our system which is limited to a 6 month period.
8.3 You acknowledge that you are responsible for all activities relating to the use of the services/system and that you use the service/system at your own risk.
9. Force Majeure
9.1 If any party is prevented from fulfilling any of its own obligations in terms of this agreement as a result of any “Acts of God” due to government directions/regulations or other cause beyond the reasonable control of the party, the invoking party will forthwith give written notice thereof to the other party setting out the details and anticipated duration of the force majeure.
9.2 Performance of any obligations will be suspended from the date on which notice is given or until such notice period terminates or government regulations determine otherwise.
9.3 Both parties are required to use its best efforts to perform in terms of these terms and conditions throughout this mentioned period.
9.4 If the said force majeure continues for more than 20 business days, we will be entitled to give written notice of cancellation of this agreement.
10. Breach of Agreement
10.1 We may exercise our rights in the event of your default of this agreement by demanding immediate payment of all amounts due or cancelling the agreement as set out below:
10.1.1 You fail to comply with the provisions of these terms and conditions and you do not remedy the breach within 10 business days after dispatch of a written notice from us to demanding performance.
10.1.2 In the event that you have provided us with false, fraudulent or incorrect information (material misrepresentation), which is material information for us entering into this agreement with you, we will be entitled to immediately cancel the agreement/services.
10.1.3 In the event that the agreement/services are cancelled for any reason set out in paragraph 10.1.2, we will be entitled to claim any costs incurred by us as at date of cancellation.
10.1.4 In the event that the misrepresentation as set out above is not material, we will afford you 5(FIVE) business days to remedy the “misrepresentation” failing which we will be entitled to cancel this agreement.
10.1.5 If you voluntarily surrender your estate or apply for liquidation, we will be entitled to cancel this agreement.
10.1.6 If you are not compliant with any industry association rules and regulations which includes best practice guidelines will be entitled to cancel this agreement.
10.1.7 Any conduct that compromises the integrity of our systems or impairs functionality of systems, will afford us the right to immediately cancel this agreement and suspend your usage.
10.1.8 In the event of you breaching the agreement we will be entitled to:
10.1.8.1 retain all amounts already paid by you;
10.1.8.2 claim any arrear mounts, existing at the time of cancellation;
10.1.8.3 claim any damages suffered as a result of your breach.
11. Illegal Use of Services
11.1 You may under no circumstances use our services in any unlawful manner or for any fraudulent purpose or inconsistent with these terms.
11.2 You may not disclose or distribute any information relating to any other users or customers obtained during the use of our services.
11.3 You may not collect or harvest any data which you may obtain during the use our services.
11.4 You agree to use our services in a reasonable manner and in line with these terms and conditions. Using our services contrary to what is agreed upon will afford us the right to limit your usage as we see fit, alternatively we will be entitled to immediate cancel the agreement and terminate the services.
12. Restrictions on Usage
12.1 You may not display your own logo or signage on our services/platform without our prior written consent.
12.2 You will take all necessary steps to protect all data received from customers.
12.3 You agree and consent thereto that we may take the necessary steps to ascertain your credit score/credit rating from 3rd parties which include but not are not limited to credit bureaus or any government agency.
12.4 You agree and confirm that you will not have a negative balance or pending balance in your account for longer than 24 hours.
13. Deed of Surety
13.1 If you are a legal entity, the person who accepts these terms and conditions on your behalf, alternatively a person specified by yourself will be responsible for the payment of all amounts outstanding to us.
13.2 The person accepting these terms on behalf of the user alternatively the person nominated by you acknowledges that he/she/it hereby binds himself/herself/itself is surety in coprincipal debtor all amounts which are due or will become payable in the future.
13.3 The surety herewith pronounces the benefits of the legal exceptions of excussion, division, cession of action, non-causa debiti, no value received, revision of accounts and deduobus vel pluribus reis debendi with full meaning and effect wherof he/she/it declare himself/herself/it to be fully acquainted with.
13.4 The surety agrees to make payment of any legal costs that may be awarded against the surety on an attorney and client scale.
13.5 At our discretion we may require that you sign a hard copy of these terms and conditions and more specifically the deed of surety.
14. Variation or Amendment of These Terms and Conditions
14.1 It is agreed that this agreement is the full agreement reached between the parties and that no amendment which is not done in writing and communicated to you, shall have any force or effect.
14.2 We may from time to time and at any time, revise, update, discontinue or otherwise modify, temporarily or permanently, the terms and conditions nor any part of your access to our services.
14.3 We will inform you of any amendments by either, publishing said amendment on our website, sending you a message or by giving a notice on POS services.
14.4 Notwithstanding the aforementioned, we reserve the right to make any changes to the terms and conditions of the services effective immediately, if necessary to maintain the security of the system and to comply with any laws or regulations.
14.5 You may choose to accept or decline the amendments by terminating the use of the service.
14.6 The onus is on you to familiarise yourself with the amendments to the terms and conditions.
15. Law Governing These Terms and Conditions
15.1 The laws of the Republic of South Africa govern these terms and conditions.
15.2 You herewith consent to the jurisdiction of the Magistrates’ Court in the event of legal action being instituted. We are however entitled to institute legal action in any court of our choosing.
15.3 You consent to pay legal costs on the scale of attorney and client for any legal costs that have to be incurred.
16. FICA
16.1 The use of our services is subject to you providing us with the relevant documentation and/or information required to satisfy the relevant FICA requirements of the Republic of South Africa.
16.2 Failure to provide us with the necessary documentation will result in us not being in a position to enter into an agreement with you.
17. Privacy Policy
17.1 Our privacy policy is contained on our website.
17.2 By signing or accepting this agreement you confirm that you have familiarised yourself with the contents thereof and understand the implications thereof.
18. Contact Email
For any queries relating to the terms and conditions, you can contact us via email at info@getvpos.com.