Till Point Ltd – Terms and Conditions

Till Point Ltd offer purchase, lease and rental options. The Customer can find information about all of Till Point Ltd.’s products and services on the Company website, www.tillpoint.co.uk. By calling Till Point Ltd on 01246 435 004, or completing the web form. The Customer can schedule a demonstration of any product, free of charge.

The Customer is responsible of making sure the product/s they choose satisfy their business requirements. Before making a purchase, any modifications, software upgrades, or add-ons must be requested in writing via email to Till Point Ltd. A 20% deposit to secure the order of new equipment is required before any work is carried out. For any equipment dispatched to the customer’s location, Till Point Ltd requires payment in advance.

By purchasing and/or renting equipment or services from Till Point Ltd, the Customer accepts the following terms and conditions. The Customer is responsible for reading and agreeing to our terms and conditions before signing any document.

These terms and conditions are subject to change without prior notice. Any amendments to these terms and conditions will be updated on our website – www.tillpoint.co.uk.

Till Point Ltd retains the right, at any time and without previous notice to the Customer, to alter, update, add, or remove any aspect of the content on the website. Although Till Point Ltd is not required to keep the information current, we will make reasonable attempts to do so.

The Customer gives permission for Till Point Ltd to send them electronic communications when they visit www.tillpoint.co.uk, use the website chat, or complete the online form. Till Point Ltd will use the data the Customer has supplied to interact electronically.

At the Customer’s request, Till Point Ltd will offer a written quote for any products and/or services. This quote serves as a proposed price and is not the foundation of a contract between Till Point Ltd and the
Customer. Written quotes remain valid for 30 days after they are issued, although certain deals and reductions have shorter expiration dates which will be highlighted within the quote.

When the Customer places an order or accepts a quote, it is considered an offer to buy products and/or services from Till Point Ltd. Till Point Ltd retains the right to refuse such offers at any time. Till Point Ltd reserves the right to amend the pricing accordingly at the point of order. All prices quoted are subject to VAT where applicable.

Certain monthly offers, deals, and discounts will have shorter expiration dates which will be highlighted within the quote. After the contract end date, the 12-month package deal discount will end, and the full price for the package deal will be charged at the standard current rate.

Working Days: Monday to Friday (excluding any bank or public holidays in England)
Working Hours: 9am to 5pm GMT on a Working Day.
Out of Hours: Customers are required to leave a voicemail on our telephone system and/or send an email to our support team: support@tillpoint.co.uk for urgent support during out of hours. [if an out of hours contract is accepted by Till Point Ltd]. All non-urgent matters and support requests by Customers not under OOH contract will be dealt with during normal operating hours. 

All software licenses provided by Till Point Ltd are solely for the use of the Customer and cannot be transferred to any other business, persons, device or equipment. The Customer must not sell, rent, or
transfer the licence once purchased from Till Point Ltd.

Monthly software licences and packages are to be paid on the due date by Direct Debit. If the Customer account is in arrears and payments are not made, the rental licence will expire, and the software will become inoperable until full payment is received. [see Clause 28 – Payment]

Till Point Ltd does not provide refunds for any software, licenses, hardware, products, or services.
Software, licenses, products, and services are not refundable after they have been installed, and payment has been made.

After the Customer makes a purchase, our support engineers and programmers spend a significant amount of time programming, configuring, installing and training. Therefore, refund requests made after installation and/or payment has been received will not be fulfilled. If in any event that the refund request is fulfilled, the refund amount will be priced at the current rate for second-hand equipment as the equipment can no longer be sold as ‘new’.

To maximise the use of all the POS features and online benefits, it is the responsibility of
the Customer to ensure the location of the EPoS system will have sufficient fast internet access. Failure to have adequate internet access prior to installation can result in issues with the EPoS system. EPoS systems provided by Till Point Ltd are to be ‘hard-wired’ into the internet port, these systems do not run off Wi-Fi. Therefore, it is vital that the Customer has a strong broadband connection in place prior to installation.

Without access to the internet, Till Point Ltd cannot offer remote online technical support. The EPoS systems are designed to work offline, but where no network connection (LAN) is available, or the network connection is unreliable, some functionality is reduced.

It is the responsibility of the Customer to have their own Network Engineer in place for their business. Till Point Ltd are not network engineers and are not responsible for the network at the Customers premises. Till Point Ltd can only advise on possible internet issues regarding the EPoS system. It is the Customers responsibility to contact their network engineer should issues arise with their broadband and networking affecting their EPoS system.

Issues beyond Till Point Ltd.’s control such as switching broadband providers, or replacing internet routers, will need to be configured by the Customers network engineer to ensure the EPoS system is connect correctly to the new router (IP address). Any work carried out by Till Point Ltd because of a replaced router, or switching broadband providers, will be charged separately. Prices are subject to VAT and will vary depending on the time taken to resolve the issues.

The Customer agrees to a charge for call out and labour unless the Customer is
under a maintenance and/or rental contract [see maintenance contract T&C’s]. The call out fee is subject to increase without prior notice. Packaging and delivery are calculated using the current exchange rates. Due to the unprecedented volatility of the market, should the exchange rate fluctuate, Till Point Ltd reserves the right to amend the pricing accordingly at the point of order.

The Customer agrees to pay a delivery fee for orders which do not meet the minimum
requirements for free delivery. A delivery charge is in place for areas outside of Till Point Ltd selected delivery zone. Deliveries outside of Till Point Ltd selected delivery zone, will be delivered when a driver is in or passing the excluded area. Carriage is calculated using the current exchange rates at the time of sending the shipment via Royal Mail or other courier ‘Next Day Delivery’ services. Should the current rate fluctuate, Till Point Ltd reserve the right to amend the pricing accordingly at the point of order. If an account is not set up on the Till Point Ltd system prior to delivery, the Customer must pay for all goods on the date of delivery either by Cash or Debit Card.

The Customer must provide a full menu with all necessary extras and options at the time of the initial programming. If the Customer wishes to make any alterations after their system has been delivered/installed, programming is then chargeable [excludes rental equipment]. Programming work carried out by Till Point Ltd must be inspected by the Customer. It is the responsibility of the Customer to ensure all programming work carried out by Till Point Ltd is correct at the time of programming. Till Point Ltd shall not be made liable for the Customers’ loss of earnings due to programming errors under this contract. If the Customer takes it upon themselves to program the system, they must ensure they have the knowledge and understanding of the work they are carrying out. The Customer agrees to pay a reasonable fee for any programming errors, software malfunctions, or loss of information, which Till Point Ltd must rectify.

The Customer must ensure all stock information sent to Till Point Ltd is correct at the time of inputting the information into the system. The Customer is liable for any errors or incorrect information. The stock facility on the Cloud Reporting Software will become inoperable if payment is not made on the due date of the invoice. [see Clause 28 – Payment]

The Customer must inform Till Point Ltd of any change in circumstance prior to installation of equipment. If the agreed installation date cannot be met, the Customer will inform Till Point Ltd immediately and vice versa. Till Point Ltd can offer training in all aspects of programming the till software. Any further training after the initial installation will be chargeable at the current rate.

The Customer agrees they’ve had an opportunity to personally inspect the equipment and find it suitable for their needs and in good working condition. Upon initial inspection, The Customer must notify Till Point Ltd immediately of any defects or programming errors.

Purchased EPoS hardware comes with a 12-month warranty (this excludes second-hand and refurbished equipment). The Customer will keep the equipment safe and protected from accidental or incidental
damage as well as against risk of loss or theft during the agreement period. All incidental, accidental, or
consequential damages that have been caused whilst in the possession of the Customer are not covered under warranty.

Till Point Ltd have a duty to replace the equipment with similar equipment in working order, if available.
The warranty cover starts on the date of installation and expires the following year. It is the Customers responsibility to contact Till Point Ltd before the 12-month warranty expires to extend their warranty cover. Failure to contact Till Point Ltd results in the equipment not being covered under maintenance, and all work carried out after the 12-month warranty expiry date will be subject to charges.

Use of the equipment in the following circumstances is prohibited and constitutes a breach of this contract. 

A. Use for illegal purpose or in illegal manner. 

B. Use when the equipment is in bad repair or is unsafe. 

C. Misuse or unintended use

D. Use by anyone other than the Customer or their employees. 

E. Rental equipment used at any location other than the address on documentation, without prior written permission from Till Point Ltd.

The Customer agrees to pay for any damage or loss of goods, as an insurer, regardless of the cause, except reasonable wear and tear, while the rental/loan goods are out of the possession of Till Point Ltd. The Customer also agrees to pay for replacement rental/loan equipment if deemed faulty or inoperable when returned to Till Point Ltd. Rental and loan equipment which is lost, stolen or damaged beyond
repair is to be paid for by the Customer at its current list price. [see Clause 24 – Return of Rental Equipment]. The cost of repairs will be borne by the Customer, whether performed by Till Point Ltd, or, at Till Point Ltd request, by a third party.

If the equipment becomes unsafe or in disrepair, the Customer agrees to discontinue use and notify Till Point Ltd immediately of the issue. It is Till Point Ltd.’s responsibility to swap out the hardware for comparable, operational equipment, if any is available during the rental equipment period or under warranty period. Till Point Ltd are not responsible for any incidental, accidental, or consequential damages caused by the Customer.

The Customer agrees to not sublease or loan the equipment under any circumstance. If the Customer is found to be in breach of this contract, Till Point Ltd have the right to immediately terminate the rental contract and collect all rental equipment without prior notice.

If purchased equipment becomes faulty while the Customer’s warranty is still in effect, Till Point Ltd will provide a loan terminal for a brief period until the issue is fixed.

All rental equipment must include a rental agreement signed by the Customer. If the Customer refuses to sign and agree to the Rental Terms and Conditions, Till Point Ltd have the right to withdraw the rental equipment and the contract terminated.

Unless the agreement specifies otherwise, the rental equipment term is continuous for a minimum of 12 months. Thereafter, the contract will start on a rolling 12-month period. Once the Customer has signed the EPoS Equipment Rental Contract, the equipment will be installed, and the rental term will begin. Every month on the first, the monthly recurring invoice for the EPoS Equipment Rental will automatically renew and will be payable on the same day. If the Customer intends to terminate the rental of equipment during the rolling contract, Till Point Ltd require a 30-day notice in writing via email prior to cancellation of the rental. If the Customer intends on terminating the rental contract during the 12-month period or the rolling period, the customer is liable for all outstanding costs until the contract end date period. In the event of the rental cost being frozen by Till Point Ltd for any period, the frozen period will be added onto the payment term and must be paid in full. The Customer shall keep and maintain the rented equipment at the premises specified in the contract during the terms of the rental. The Customer shall keep the rented equipment in a good state of repair (normal wear and tear expected). Accidental damage caused by acts of negligence such as spillage, screen damage and breakages are not covered under the rental contract and will result in additional costs.

Unless the agreement specifies otherwise, the Cloud Reporting term is continuous for a minimum of 12 months and then the rolling contract will begin unless specified in writing by both parties. Once the Customer has signed the Cloud Reporting Contract, the software will be installed, and the rental will begin. Every month on the first, the monthly recurring invoice for the Cloud Reporting Software will automatically renew and will be payable on the same day. If the Customer intends to terminate the software, Till Point Ltd require a 30-day notice in writing via email prior to cancellation of the software. If the Customer intends on terminating the software during the 12-month period or rolling contract period, the customer is liable for all outstanding costs until the contract end date period. The Customer is responsible for ensuring that their login password to the Cloud remains secure and confidential. The ‘remember me / this computer’ checkbox should not be used on publicly available or shared computers due to hacking / data breaches.

Unless the agreement specifies otherwise, the software term is continuous for a minimum of 12 months.
An internet connection is necessary for the EPoS Software Licence; without it, the system cannot function. On the day that the direct debit payment is made, the software licence is renewed. The software will become inactive if payment is not received by the due date. Without a licence, the till system will only operate in “Demo” mode, which will cause service interruptions. Our support engineers will not be able to access your EPoS system remotely to configure your system. To avoid losing access to your software, it is crucial that payments are completed on time each month. If the Customer intends to terminate the rental of software licence, Till Point Ltd require a 30-day notice in writing via email prior to cancellation of the rental licence. Once the EPoS Licence Software is terminated the software becomes inoperable.

If the Customer intends to terminate the Cloud Reporting Software, EPoS Rental, or EPoS Software, they must give 30 days prior notice in writing via email. Till Point Ltd no longer accepts termination of contract via telephone conversation due to GDPR regulations. Only the administrator can terminate the Cloud Reporting Software, unless payment is more than 3 days overdue [see clause 28]. If Till Point Ltd do not receive termination 30 days in advance, the Customer is liable for the following month payment. The
contract is on-going for 12 months. If the Customer intends to terminate the software or rental during the 12-month period, they will be liable for all outstanding costs until the contract end date period.

The Customer is liable for not backing up data on their equipment. Till Point Ltd are not responsible for any Customer who does not, unintentionally, or unknowingly forget to back up their data. Due to
GDPR regulations, it is the responsibility of the Customer to ensure all data is accurate, up to date and secure. The Customer must back up their data daily, in the event of any mishaps or investigations into GDPR breaches.

When the agreement is cancelled or terminated, all data will be permanently deleted and destroyed for GDPR and Privacy Protection purposes. Please ensure all data is saved prior to the termination date.

The Customers right to possession terminates on the expiration of the rental
period and retention of possession after this time constitutes a material breach of this contract. Any extension must be mutually agreed upon in writing by both parties. Upon return of the rental equipment, Till Point Ltd will inspect all hardware, including power supply units, and compile a report. Till Point Ltd reserves the right to charge the customer an additional fee to cover the damage if the rental equipment is returned in a damaged and/or inoperable state. This amount must be paid by the customer on receipt of the corresponding invoice.

The Customer agrees to the return of rented goods during Till Point
Ltd regular trading hours, upon expiration of the rental period. The Customer agrees that if the rented goods are held beyond the expiration of the rental period, a daily rate fee will be placed on the Customer account and shall be paid in full by the Customer on collection of goods. If the equipment is not returned, after a period of 5 Working Days from the written final reminder, Till Point Ltd will charge an additional fee per rental item (Terminal/s, Printer/s, Cash Drawer/s).

If the Customer account is in arrears and the Customer refuses contact with Till Point Ltd, Till Point Ltd have the right to terminate this contract and take possession of and remove goods from wherever they are. Till Point Ltd and their agents shall not be liable for any claims for damage or trespass arising out of the removal of goods. The goods will be considered stolen if Till Point Ltd is unable to recover them, and the Customer will be responsible for the full purchase amount.

The Customer agrees to pay all reasonable collection and court fees, and other expenses involved in the collection of charges or enforcement of Till Point Ltd rights under this contract.

If the rental fee is not paid within 30 days of the invoice, and Till Point Ltd are unable to contact the Customer for payment, the contract will be terminated. Once Till Point Ltd have terminated this contract, all data will be deleted and unrecoverable. Therefore, it is vital the Customer ensures Till Point Ltd have the correct contact details to avoid unnecessary termination.

All invoices are due and payable by the Customer immediately upon receipt without prior notice or
demand. The Customer acknowledges that no products and/or services will be dispatched or provided, until payment of the applicable invoice is received by Till Point Ltd in cleared funds. If any amounts under this contract are more than 3 DAYS LATE, Till Point Ltd have the right to recall the rental equipment and collect from the customers’ premises without prior notice. The Customer will be liable for all outstanding rental and administrative costs. The Customer agrees to pay the monthly rate as specified on the EPoS Equipment Rental contract. To receive the reduced rate, the Customer must set up a Direct Debit for all monthly recurring invoices. First month payment is to be made by the Customer on the day of installation of the rental equipment or software. If subsequent payments are not made by Direct Debit, the monthly rental fee will increase to the amount shown on the signed contract [see clause 29]. The monthly recurring fee is subject to increase without prior notice.

If the Customer account is overdue and in arrears, Till Point Ltd will restrict the Customer account. Once a restriction is in place, services will become inoperable, and no work (including programming and/or technical support) is to be carried out until full payment is received. If late and persistent nonpayment
continues, Till Point Ltd will close the Customer account and all agreements will be terminated with
immediate effect. The Customer will be liable for all outstanding rental, administrative and court fees.

If the Customer fails to make the overdue payment by the final written reminder, Till Point Ltd may:
A. Apply statutory interest (in line with the Late Payment of Commercial Debts Interest Act of 1998) to the amount owed from the due date for payment, which is accrued daily and is compounded quarterly until payment is made.
B. Suspend all Services (including Customer access to the POS Software and Cloud Back-Office Software); and/or
C. Enter the Customer’s premises or any third-party premises where the equipment is stored and repossess the goods.

Prior to debt collection, Customers whose accounts are overdue will get a final warning letter urging them to make prompt payment. To avoid having their account closed, and any unpaid invoices transferred to debt collection, the Customer must respond to the final letter from Till Point Ltd. Till Point Ltd will be forced to close the Customer account, terminate the software, and transfer all unpaid costs to debt collection if the Customer does not respond to the final letter within the time frame specified.

The reduced price shown in the agreement is the price which is to be paid by Direct Debit each month until the cancellation of the software or rental, unless the price has increased since the original agreement. If Till Point Ltd are unable to collect the Direct Debit payment on the due date, the Customer will be charged an additional fee of £10 +VAT each time. If Till Point Ltd are unable to collect the Direct Debit on the third attempt, the Direct Debit will be unscheduled, and the Customer will be required to make the outstanding payment by BACS or Card. If the monthly recurring payments are not made by Direct Debit, the Customer will not receive the reduced rate as shown in the contract. Failure to make monthly payments on the due date will result in a loss of service.

If the Customer intends on cancelling any agreement, standing order payments must be cancelled by themselves via their bank. Till Point Ltd are not authorised to cancel any standing orders set up by the Customer, this is the sole responsibility of the Customer.

The Customer acknowledges that a screen check is in place for all card payments made to Till Point Ltd. The screen check ensures Customer details are correct and detects any fraudulent activity. Till Point Ltd never keep customer card details stored. All Customer details remain private and secure when using the card payment service. If any unauthorised activity is detected while using the online payment system, Till Point Ltd has an obligation to notify the customer to get in touch with their bank immediately.  

Till Point Ltd are available for technical support during the normal operating hours. Any technical support required out of Till Point Ltd normal operating hours, will be dealt with in due course.

All stock, sales, or private information which the Customer is requesting Till Point Ltd to investigate, must be given in writing via email to support@tillpoint.co.uk. Due to GDPR, Till Point Ltd cannot give out information regarding the Cloud Back Office software, sales data, or breach of information over the phone. All investigations must be carried out once an email has been sent by the Customer. Once the email has been sent by the Customer requesting Till Point Ltd to carry out an investigation, only then can the investigation begin.

Till Point Ltd do NOT hold any sensitive Customer information such as passwords or log-in details. Due to GDPR regulations, Till Point Ltd can no longer save any sensitiveCustomer information. The Customer cannot request access to log-in or password details. The Customer must keep their own login details and passwords safe. The administrator can email our support team to create a new password if forgotten. 

The Customer agrees to inform Till Point Ltd of their current position to the business. The Customer must verify their position by ticking the correct options on the agreement and stating the administrators name if applicable. Till Point Ltd require this information so they can contact the administrator for retrieval of data or equipment if necessary. If in any event where the administrator cannot be contacted, or is not stated on the above agreements, Till Point Ltd have the right to terminate the Cloud Reporting software and/or rental equipment without prior notice or warning. If in any event where the renter cannot be contacted or is not stated on the above agreement, Till Point Ltd have the right to inform the Police of stolen goods, and the Customer will be liable for all outstanding costs of the equipment and all outstanding rental payments and court fees. 

When hardware and equipment is shipped to the Customer’s required location, the Customer oversees installing it, maintaining it in the conditions Till Point Ltd recommends, and making sure the hardware’s external surfaces, wires, and fittings are kept clean and in good condition. If equipment is transported to the Customer’s site, it is entirely the Customer’s duty to make sure all wiring is secure and functional and that the equipment is set up and installed correctly. When equipment is transported to a Customer’s location, Till Point Ltd is not responsible for any breakage, damage, or connection problems. The Customer will ensure that the equipment is only used by properly trained staff in accordance with the instructions from Till Point Ltd. Maintaining all backup copies in a secure location and conducting and verifying a proper backup procedure on a regular basis are the sole responsibility of the Customer [see clause 22].

Till Point Ltd will provide services to the Customer, providing the Customer account is not in arrears [see Clause 28]. The Customer will keep the equipment in good working conditions throughout the
duration of the agreement and will comply with all instructions given by Till Point Ltd. The Customer will keep the equipment safe and protected from accidental or incidental damage as well as against risk of loss or theft during the agreement period. The Customer will ensure that all labels and identification on the equipment, identifying it as the property of Till Point Ltd, remain in place throughout the rental agreement period. The Customer must immediately inform Till Point Ltd of any loss or damage occurring to the equipment during the rental period. If for any reason the Customer leaves the premises or sells the business, Till Point Ltd must be contacted immediately to arrange collection of the rental equipment. If Till Point Ltd are not contacted, or the Customer is avoiding contact with Till Point Ltd, the local authorities will be contacted for retrieval of the equipment and any outstanding debts will be sent to the debt collection agency and bailiffs. The Customer acknowledges and agrees that upon signing the
rental agreement document, they are agreeing to these Terms and Conditions outlined.

By signing the contract, the Customer confirms they are a duly authorised representative of their Company, and they are authorised to sign the binding agreement.  The Customer agrees to all Terms and Conditions outlined within the contract.

TILL POINT LTD RESERVES THE RIGHT TO, AT ITS SOLE DESECRATION, TO CHANGE, MODIFY, UPDATE, ADD, OR REMOVE PORTIONS OF THE TERMS AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE TO THE CUSTOMER. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SOFTWARE.