Terms and Conditions
POS Highway Policies, Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY. BY ACCEPTING DELIVERY OF THE PRODUCTS, STATEMENT OF WORK OR OTHER DATANET SYSTEMS, INC., D/B/A POS HIGHWAY (HEREINAFTER REFERRED TO AS “SELLER”) DOCUMENTATION TO PROVIDE PRODUCT OR PERFORM OR PROCURE ANY SERVICES, CUSTOMER HEREBY AGREES TO BE BOUND BY, AND ACCEPTS, THESE TERMS AND CONDITIONS.
ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS OR SERVICES AND RESULTS THEREOF POSTED ON THE WEBSITE DO NOT CONSTITUTE PART OF THIS AGREEMENT.
A. Copyright and Trademark Notice
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of POS Highway and DataNet Systems, Inc., Copyright © 2012, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders, and to personalize your shopping experience.
Our secure servers protect your information using advanced encryption and firewall technology.
To keep you informed about our latest offers, we may notify you of current promotions, specials, and new additions to the POS Highway store website. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.
When entering any of our contests or prize drawings, you provide your name, email address, and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the POS Highway store website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
We use “cookies” to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
C. Privacy on Other Web Sites
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we’re not responsible for the operation of or content located on or through any such site.
E. Payment Terms
We accept the following credit cards: Visa, MasterCard, American Express and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order.
If purchasing hardware, software, services, or supplies, the customer is responsible for payment in full at the time the order is placed. Charges on the customer’s credit card statement will reflect POS Highway.
Orders are not binding until accepted by SELLER. The Customer agrees to pay the total purchase price for the Products, plus shipping (to the extent shipping is not prepaid by Customer), including shipping charges that are billed to SELLER as a result of using Customer’s carrier account number. Terms of payment are within the SELLER’s sole discretion. In connection with Services being performed pursuant to a Statement of Work, Customer will pay for the Services in the amounts and in accordance with any payment schedule set forth in the applicable Statement of Work. If no payment schedule is provided, Customer will pay for the Services as invoiced by SELLER. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by SELLER. SELLER may issue an invoice to the Customer. SELLER may invoice Customer separately for partial shipments, and SELLER may invoice Customer for all of the Services described in a Statement of Work or any portion thereof. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay for, and will indemnify and hold SELLER and its Affiliates harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any Statement of Work, the Products or the Services. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide SELLER with the necessary supporting documentation. In the event of a payment default, the Customer will be responsible for all of SELLER’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees. In addition, if payments are not received as described above, SELLER reserves the right to suspend Services until payment is received.
Except as otherwise specified on an applicable Statement of Work, Customer will reimburse SELLER for all reasonable out-of-pocket expenses incurred by SELLER in connection with the performance of the Services, including, but not limited to, travel and lodging.
F. Order Acceptance Policy
Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. POS Highway reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
These Terms and Conditions (hereinafter referred to as the “Agreement”) constitute a binding contract between Customer and SELLER. Customer accepts these Terms and Conditions by making a purchase from, or by placing an order with, SELLER or, by shopping on POSHighway.com (the “Site”) or, by otherwise requesting products (the “Products”) or engaging SELLER to perform or procure any Services (as this and all capitalized terms are defined herein). This Agreement is subject to change, anytime, without any prior notice, except that the Terms and Conditions posted on our website at the time Customer places an order or signs a purchase Invoice with a “Statement of Work” will govern the order in question, unless otherwise agreed to in writing by SELLER and Customer.
Customer consents to receive electronic records, which may be provided via a Web browser or e-mail application connected to the Internet. Individual consumers may withdraw consent to receive electronic records or have the record provided in non-electronic form by contacting SELLER. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents. Customer may issue a purchase order for its own administrative purposes only. Additional or different terms and conditions contained in any such purchase order, however, will be null and void.
Entire Agreement: This Agreement contains the entire understanding of the parties with respect to the matters contained herein, and supersedes and replaces, in its entirety, any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof. No course of prior dealings between the parties and no usage of trade will be relevant in determining the meaning of this Agreement.
G. Order and Shipping Policy
G. Order and Shipping Policy Orders are processed by the Fulfillment Department within 48 hours of receipt except for weekends and major holidays. Orders received on these days will be processed the next business day.. The typical expected delivery timeframe of a Bundled POS System or a “Build Your POS System” is 7 to14 days. Ground shipping is the general method of shipment (3 to 7 days). The shipping method cannot be changed once in the possession of the carrier. SELLER and/or its affiliates will arrange to ship, crating, and packaging. SELLER neither accepts responsibility for the carrier’s performance nor accepts any responsibility for damages caused to the merchandise after it leaves SELLER’s office or warehouse location. If damage occurs en route to Customer, SELLER will aid with handling the damage claim with the shipper; however, the Customer will be responsible for filing a damage claim with the carrier. Inspection for concealed damage will be the sole responsibility of the Customer. Any and all damaged equipment must be documented with the freight driver before the driver departs your location. Any damage must be reported immediately. Insurance will be used on all equipment shipped.
H. Multiple Product Orders
For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
I. Out-of-Stock Products
We will ship your product as stated under the section titled “Order and Shipping Policy”.
There may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment.