Merchant Billing Terms and Equipment Return and Refund Policy
MERCHANT BILLING TERMS AND HARDWARE RETURN AND REFUND POLICY
5 MERCHANT SQUARE
LONDON, W2 1BQ
LAST UPDATED: 27 FEBRUARY 2017
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 Limited (“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”).
If you select an annual or multi-year plan, rates for the plan will remain fixed during the plan term; otherwise, rates and fees 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 GBP unless otherwise stated on the Web Site. Fees and charges do not include, and you will be charged for, applicable shipping fees, VAT, sales, use and like taxes.
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 the terms of an Extended Payment Program (as defined below) when applicable; 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 canceled 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 interest on unpaid, undisputed amounts following the due date until actual payment of the overdue amount. Late payment interest will be 4% per cent per annum above the base rate of Barclays Bank plc of the unpaid amount, or any applicable limit imposed by law. If applicable, such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount.
EXTENDED PAYMENT PROGRAM FOR ELIGIBLE HARDWARE
For certain items of Hardware NCR may offer you the option to pay the total amount due to NCR over a period of time in monthly amounts charged either separate from the Service, or as part of a bundled Hardware and Service purchase price with an eligible plan term for the Service (an “Extended Payment Program”). If you elect to purchase a plan which includes Hardware as part of an Extended Payment Program, you may be subject to a credit check 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, VAT, sales, use and like taxes as part of the initial monthly amount due under an Extended Payment Program, which may be higher than the remaining monthly amounts due, otherwise these additional fees will be prorated over the remaining monthly amounts due to NCR. 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 monthly payment.
When certain items of Hardware are eligible for purchase under an Extended Payment Program you will be informed of the offer along with the purchase price and other eligibility terms on the Web Site or through other communications from NCR. NCR may provide you with notice of other available third party financing or leasing options for Hardware purchases on the Web Site or through other communications from NCR. You acknowledge that any Extended Payment Program offered by NCR is independent of any financing or leasing arrangements third party providers may offer, so the monthly amounts due to a third party provider for a Hardware purchase may not be the same as those under an Extended Payment Program offered by NCR.
You are responsible for paying all monthly amounts due to NCR for Hardware you purchased under an Extended Payment Program and you must promptly inform NCR if there is any change in your payment card or other form of non-invoice payment method on file with NCR. If NCR is unable to process any monthly payment all outstanding monthly amounts due to NCR will become immediately due and payable and may result in the temporary suspension or cancellation of your subscription to the Service, and you may no longer be eligible for future Extended Payment Program offers from NCR.
TERM; CANCELLATION AND TERMINATION
The Service will continue for the duration of the plan term you select until canceled 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 0808 1785520. 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 through 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 a refund for the unused portion of your subscription.
NCR may cancel the NCR Silver Merchant Agreement and the Service with 60 days’ 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 Services for any purpose other than as expressly permitted in the NCR Silver Merchant Agreement; (ii) if you violate any applicable 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; or (iv) if you fail to timely meet the financial terms, including payment of applicable fees and charges properly due to NCR. Following any payment default for the Service or any Hardware you purchased under an Extended Payment Program 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.
NCR may terminate the NCR Silver Merchant Agreement with immediate effect on giving written notice to you upon (i) a material breach by you of any term of the NCR Silver Merchant Agreement and it is not possible to remedy that breach; or (ii) you materially breach any term of the NCR Silver Merchant Agreement and it is possible to remedy that breach, but you fail to remedy within 30 days of receiving written notice of such breach.
NCR may terminate the NCR Silver Merchant Agreement upon written notice to you if (i) you become unable to pay your debts or are deemed to be unable to pay your debts (including within the meaning of section 123 of the Insolvency Act 1986); (ii) you enter into either compulsory or voluntary liquidation or a provisional liquidator is appointed in respect of you; (iii) an administrator, administrative receiver, receiver or manager, liquidator or similar officer is appointed in respect of the whole or any part of your assets; (iv) you propose to enter or enter into any composition or arrangement with your creditors generally or any class of creditors; (v) you otherwise become insolvent or unable to pay your debts as they come due or enter into or file (or have filed or commenced against you) a petition, arrangement, application, action or other proceeding seeking relief or any similar laws of any jurisdiction or transfers all or substantially all of your assets to another person or entity; or (vi) you are subject to an event analogous to (i) or (iv) above in any other jurisdiction.
Regardless of the method of termination, you agree to pay all fees and charges due through 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.
Rights of termination under the NCR Silver Merchant Agreement will be without prejudice to any other rights (of termination or otherwise) whether under the NCR Silver Merchant Agreement or otherwise (including rights of termination arising at common law) and such termination will not be taken to waive the right to assert or exercise any such rights. Termination of the NCR Silver Merchant Agreement will not prejudice or affect any right of action or remedy which will have accrued or shall thereafter accrue to NCR.
HARDWARE RETURN AND REFUND POLICY
You may contact the NCR Silver Customer Care team at 0808 1785520 to request return of Hardware you purchased from NCR for use with the Service at any time within 30 days of the order date. If NCR determines that you are eligible to return such Hardware to NCR, NCR will provide a return materials authorisation (RMA) to you via email. 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. Any payments you made to NCR under an Extended Payment Program for returned Hardware that NCR fully processes under an RMA are non-refundable and will be forfeited by you, and remaining payments for that Hardware will no longer be due to NCR. You will be responsible for all remaining payments due under an Extended Payment Program if NCR determines that any returned Hardware it receives from you is not in new, like new or unused condition, or does not otherwise comply with all of the requirements for return as stated above.
Except as otherwise stated in these terms, 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 capitalized 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.