Merchant Billing Terms and Equipment Return and Refund Policy

MERCHANT BILLING TERMS AND HARDWARE RETURN AND REFUND POLICY

 

NCR AUSTRALIA PTY LTD

LEVEL 4, 8-20 NAPIER STREET

NORTH SYDNEY, NSW 2060

  

LAST UPDATED: 14 MARCH 2018

 

FEES AND CHARGES

Fees, charges, and details concerning the available plans and the features of each plan for the NCR Silver Service suite of applications, which may include separately charged add-on third party applications (collectively, the “Service”) and hardware you may elect to purchase from NCR Australia Pty Ltd (“NCR”) for use with the Service (the “Hardware”) are stated on the NCR SilverTM Web Site or the NCR Silver back office account administration portal (the “Web Site”).

From time to time, NCR may offer plans under a monthly subscription rate which includes a combination of the Service, certain items of Hardware as determined by NCR, and NCR Silver Concierge Services which includes the provision of remote installation and configuration support as detailed on the Web Site. If you elect to purchase one of these plans, you may be required to agree to a minimum contract term, and you may be subject to a credit qualification and authorisation, as well as applicable finance fees. You acknowledge that NCR reserves the right to include and charge additional fees such as applicable finance, shipping, sales (including GST), use and like taxes as part of the initial monthly amount due for one of these plans, otherwise these fees will be prorated over the duration of the applicable minimum contract term. You acknowledge that NCR will not ship any Hardware to you until you meet required credit qualifications, accept the billing terms outlined in this document, and NCR receives the initial instalment amount.

If you select an annual or multi-year plan, rates will remain fixed during the plan term and each renewal plan term. If you select a monthly plan, rates are subject to change at any time with 30 days’ written notice to the email address on file.

All fees and charges are due and payable in Australian dollars unless otherwise stated on the Web Site. Fees and charges do not include, and you will be charged for, applicable shipping, sales, use and like taxes including GST.

 

BILLING AND PAYMENT TERMS

You acknowledge and agree that NCR will charge all applicable fees and charges due to the payment card or other form of non-invoice payment method that you provided to NCR: (i) at the beginning of each billing cycle for all recurring fees for the Service; (ii) at the end of the billing cycle for all transaction fees incurred during the billing cycle, (iii) upon order placement and prior to shipment of any Hardware subject to credit qualification and authorisation when applicable as described above, and (iv) upon order placement for any additional services that are not included as part of the recurring fees for the Service.

You agree to pay all recurring fees and charges for the Service whether or not you actually make use of the Service during the applicable plan term.

You agree to maintain current, valid payment and contact information (including telephone number and email address) on file. You certify to NCR that you are authorised to provide the payment card or other form of non-invoice payment method to NCR and that you will not dispute the payment with your credit card company or your financial services provider as long as the transaction corresponds to these terms. You acknowledge that your payment authorisation will remain in effect until it is cancelled by you in writing. If the payment information you provide is incorrect or incomplete, or NCR is unable to process your payment due to your error or omission, NCR will attempt to contact you and inform you of the problem.

You acknowledge that your failure to provide accurate and complete payment information may result in the temporary suspension or cancellation of your subscription to the Service and NCR’s inability to process your order for Hardware or additional services.

NCR may charge late fees on unpaid, undisputed amounts. Late fees will be the lesser of 1.5% per month of the unpaid amount, or any applicable limit imposed by law.  In the event that your account becomes delinquent, you agree to pay all collection costs incurred by NCR, including reasonable solicitor’s fees and expenses.

 

TERM; CANCELLATION AND TERMINATION

The Service will continue for the duration of the plan term you select until cancelled or terminated by one of the parties as described herein or in the NCR Silver Merchant Agreement. If you select an annual or multi-year plan term your subscription to the Service will automatically renew on a month-to-month basis at the end of your plan term unless you cancel your subscription or renew for another annual or multi-year plan term.

You may cancel the Service at any time by calling the NCR Silver Customer Care team at 261 811 403. If you cancel the Service or NCR terminates the Service or the NCR Silver Merchant Agreement for cause at any time, you agree to pay all fees and charges due up to and including the applicable date of termination or the date your plan term is scheduled to expire, whichever date is later. If such cancellation or termination occurs during your plan term you will be immediately charged or required to pay NCR for all months remaining in your plan term. However, if such cancellation or termination occurs after your plan term has ended, you will not incur any future monthly charges. If the Service is cancelled or terminated before the end of a billing cycle you will not be entitled (to the extent lawful) to a refund for the unused portion of your subscription.

NCR may cancel the NCR Silver Merchant Agreement and the Service with not less than 60 days’ prior written notice to the email address on file. Additionally, NCR may disable, suspend or terminate your access to the Service immediately without notice: (i) if you use the Service for any purpose other than as expressly permitted in the NCR Silver Merchant Agreement, (ii) if you violate any applicable international, federal, state or local law, regulation or ordinance in connection with your use of the Service, (iii) if your use of the Service adversely affects other users of the Service, (iv) if you fail to timely meet the financial terms, including payment of applicable fees and charges properly due to NCR, or (v) if you materially breach the NCR Silver Merchant Agreement other than for a payment default covered by subsection (iv) and that breach is not capable of remedy or (where capable of remedy) the breach is not remedied within 7 days’ written notice to the email address on file requiring you to remedy the breach.

Following any payment default for the Service you may request a reactivation of the Service once the payment default has been resolved or settled through NCR or NCR’s authorised agent, however NCR reserves the right to refuse such reactivation at NCR’s discretion.

Regardless of the method of termination and subject to applicable laws, you agree to pay all fees and charges due up to and including the applicable date of termination or the date your plan term is scheduled to expire, whichever date is later.

You are responsible for exporting all of your data from the Service, including sales and inventory data, prior to any cancellation or termination of the NCR Silver Merchant Agreement or the Service. NCR will not be responsible for retaining or providing you with any of your data after cancellation or termination.

 

HARDWARE RETURN AND REFUND POLICY

You may contact the NCR Silver Customer Care team at 261 811 403 to request the return and a refund for Hardware you purchased from NCR for use with the Service at any time within 30 days of the order date. This right is in addition to your statutory rights and any warranty against defects.

If you are entitled to return such Hardware to NCR (as may be applicable in the circumstances having regard also to your statutory rights and any applicable warranty against defects), NCR will provide a return materials authorisation (RMA) to you via email or otherwise.

In the case of a return of Hardware within 30 days (not being due to a statutory right of repair or replacement or concerning a warranty against defects entitlement) NCR will refund you the purchase price you paid NCR for the returned Hardware (less applicable handling charges NCR may charge you for the return) provided that NCR receives the Hardware (including all Hardware items if the Hardware was purchased as part of bundle) freight prepaid by you in new, like new or unused condition, in its original packaging, within 15 days of the date the RMA was emailed to you.

Except as otherwise stated in these terms and subject to statutory rights, NCR is under no obligation to refund any amounts you previously paid to NCR for the Service or the Hardware.

 

NCR SILVER MERCHANT AGREEMENT

Any capitalised terms that are not defined above will have the meaning set forth in the NCR Silver Merchant Agreement.  You may access the NCR Silver Merchant Agreement at the following link – NCR SilverTM Web Site.