SMARTFUELPOS

POSMaster

TERMS & CONDITIONS

1. Product & Releases

1.1 Product

The Product is defined as SMARTFUELPOS and/or POSMaster software, owned and provided by Independent Solutions Pty Limited (IS).

1.1 Supported Releases of the Product

We recommend you always maintain a supported release of the Product to ensure your system performs at its best. A list of currently supported releases is available upon request. You are entitled to a free upgrade to each new standard release of the Product upon its release by IS.

Retired releases are costly to support therefore IS reserves the right to charge you an additional monthly fee to support these retired releases. This will be discussed with you if you choose not to upgrade to a supported release.

2. Product Support Requirements

2.1 Support Requirements

Support will be provided by the SMARTFUELPOS Support Desk (Support Desk). To receive support, you will need to:

Maintain a permanent high speed internet connection (100Mbps+) to allow remote software management by the Support Desk.

Provide the Support Desk access through your firewall using our approved remote management software via a dedicated port for the specific purpose of maintenance and support.

Provide us with any passwords required to access the computers running the Product.

Provide us with a nominated key contact for support calls.

Provide us with phone and email contact details so we can send and receive information regarding support calls and other product news.

Be up to date with any monies you owe to IS.

Regular Subscription Fees

3.1 Subscription Payment

Unless otherwise agreed by IS, you can choose to pay monthly or annually in advance your Subscription Payment. All payments will be made via Direct Debit. If you are paying monthly in advance, a monthly invoice will be issued notifying you when the Direct Debit will be processed. If you are paying annually in advance, an annual invoice will be issued notifying you when the Direct Debit will be processed.

3.2 Subscription Payment Termination

At any time, you can terminate the use of the Product by providing, in writing, notice advising IS what date you will cease using the Product. You are liable to continue to pay the Subscription Payment up until this date. If you terminate your use of the Product, you will be charged an administration fee equivalent to three (3) months of Subscription Payment. The administration fee will be included in the final Direct Debit due to IS.

If you are selling your business and the new owner has entered into an agreement with IS to use the Product after your termination date, the administration fee does not apply.

3.3 Subscription Payment Commencement

The Subscription Payment will apply from the date the Product is installed, or access is granted to the Product as agreed with you.

3.4 Support Desk

Access to the Support Desk is available free of charge, subject to Fair Use provisions of these Terms & Conditions, between to the hours of 7am to 6pm AEST, Monday to Friday except Public Holidays. Out Of Hours Support is available 24 hours per day 7 days per week outside of the normal hours for issues that affect your ability to trade. All calls will be routed to rostered after hours support staff and will be attended to promptly.

Calls placed outside of the normal support hours will incur an Out of Hours fee which will be notified to the person contacting the Support Desk when the call is placed. Proceeding with the call after this notice will deem you liable for the fee irrespective of whether the call was placed by the you are one of your staff members.

3.5 Support Desk Procedures

All support calls are recorded on the IS Support System. Calls are logged and prioritised according to the impact being had on current trading. You will be provided with a Ticket Number which allows you and IS to keep track of your issue. The IS central data base keeps full historical data on all support calls.

The Support Desk provide support for Standard Releases of the Product. It includes:

Telephone/Online support for the Product. IS provide you or your staff with assistance via remote access to your site, by telephone and/or by email.

Contacting you when the latest Standard Release of the Product is available and organising for your release to be updated to the current version.

The Support Desk may require you to upgrade to a current release of the Product to resolve your issue. If you choose not to upgrade, then the issue will be considered as resolved by IS.

You will need to ensure your computers Windows operating system is a release which is currently supported by Microsoft to ensure the Product works without issue. You will be responsible for the cost of any such upgrades.

If you have chosen not to upgrade to a supported release of the Product, you will need to pay an additional monthly subscription fee in order to access the Support Desk.

3.6 Fair Use of the Support Desk Service

We are committed to providing an excellent Support Desk Service for all customers. The fair use policy is designed to serve as a guide regarding what IS consider reasonable use of the Product and the Support Desk service to ensure all customers benefit.

If IS consider that your contact with the Support Desk is excessive compared to other users of the Product, the Support Desk Manager will contact you to discuss your issues and what options there are to reduce your use of the Support Desk. If after discussion with the Support Desk Manager you have not taken reasonable steps to reduce your use, then IS reserve the right to charge you an additional fee when contacting the Support Desk.

3.7 Services not covered by the Support Desk

The following services are not covered by your regular Subscription Payment as they are deemed business related:

business advice

programming/development

training

on-site support

system re-installation

Virus or spy ware protection

operating system support eg: Windows

non IS supplied hardware support

network or communications support

PC software support (other than the Product)

restoration of data or services lost through factors beyond IS

data conversion or manipulation

Whilst these business related services are not covered by your regular Subscription Payment, IS may be able to assist you with these at additional cost to yourself. If you would like to discuss any of these business related services, then please contact the Support Desk for further information.

3.8 Annual Review

IS will review your Subscription Payment annually and will provide notice in writing to you of any increase or decrease, and the effective date to which the change will apply.

4 General Terms & Conditions

4.1 Backup

You are responsible for making backups and ensuring that these are done regularly. IS recommend that your backup media is taken off site each day and stored in a safe location. The Support Desk may need to call on a backup in extreme circumstances such as a hardware fault, fire, theft, malicious damage, electrical storms or if a problem cannot be rectified in a reasonable time frame.

4.2 Corruption of Data

Corruption of data that is caused because of events such as electrical storms, or power fluctuations, hardware defects, or operator error or negligence, is not covered by the Subscription Payment. Additional charges may apply to assist you in these events.

4.3 Viruses and Spyware

Unless caused by the negligence of IS, issues caused by viruses and spy ware are not covered by the Subscription Payment and all costs of fixing or attempting to fix any noncovered virus, spy ware or associated problems are your responsibility.

4.4 Third Party Software that effects the operation of IS

Any issues related to third-party software that the customer has loaded onto their computer are not covered by the Subscription Payment. If IS become aware that any particular third-party software is impacting on the performance of the Product, then IS will notify customers and recommend a solution.

4.5 Firewall Precautions

Problems caused because of network defects, interruption or firewall failure are not covered by the Subscription Payment. All costs of rectifying problems caused by the failure of a firewall are your responsibility.

4.6 Networks

The ongoing maintenance and provision your computer network is your responsibility and is not covered by the Subscription Payment.

4.7 Internet Connection

The ongoing maintenance and provision of your internet connection is your responsibility and is not covered by the Subscription Payment. IS recommend an internet speed of 100Mbps.

4.8 Limited Warranty

IS and its resellers, do not warrant that the software solution or support provided will be free of defects or that it will satisfy all of your business requirements.

You are solely responsible for the security of your information systems and networks, including your firewall and port access. IS does not warrant the security of the arrangements for the provision of online support.

Except as expressly provided by these Terms & Conditions, IS makes no warranty to any person in relation to support or Standard Releases provided to the customer, except to the extent that a warranty or condition cannot be excluded under law. To the extent that any warranty, condition or other liability cannot be excluded under the law, the liability of IS for any loss or damage, including any economic or consequential loss shall be limited to, one of the following:

(a) the supply of the software solution again; or

(b) a maximum amount not exceeding that paid by the Customer to IS for the Subscription Payment under these Terms & Conditions for the period in which any claim or series of related claims arise.

4.9 Limitation of Liability

IS, and its resellers, will not be liable for any loss or damage, whether because of negligence or otherwise, arising in relation to the performance of these Terms & Conditions, goods or services supplied, or the arrangements for the provision of online support. Loss or damage to which this clause applies includes any indirect or consequential loss including but not limited to loss of use, data, profits, business revenue, goodwill or anticipated savings, even though IS or its resellers were or ought to have been aware of the possibility of such loss or damage.

4.10 Termination by IS

Without limiting the generality of any other clauses in these Terms & Conditions, IS may terminate your use of the Product by notice in writing if:

(a) Any payment due from you to IS remains unpaid for a period of thirty (30) days after the due date.

(b) You breach any of these Terms & Conditions and such breach is not remedied within thirty (30) days of written notice by IS.

(d) You become, threatens or resolves to become the subject to any form of insolvency administration or you cease to conduct its business.

4.11 Proprietary Information Acknowledgement

You hereby acknowledge, without limitation, that the Product and all documentation and related materials constitute valuable proprietary information of IS and should not be copied, distributed to, or otherwise provided to any party unless you have the agreement of IS in writing.

4.12 Confidentiality Obligation

Except as expressly authorised by these Terms & Conditions or by law, or the written consent of the other party, each of the parties hereto shall, during the Term, and subsequently, exercise efforts of a level not less comprehensive than the degree of discretion and measures normally used to protect their own proprietary information, to prevent the unauthorised use, reproduction dissemination or disclosure of the proprietary information of the other party.

5. Variations to these Terms & Conditions

IS may vary these Terms & Conditions from time to time by providing written notice of such changes. The latest version of these Terms & Conditions will be available at www.smartfuelpos.com.

6. Contact Us

For questions, concerns or clarifications, please contact us at:

Independent Solutions Pty Limited

Email: support@smartfuelpos.com

Phone: 1800 430 811

ABN: 93 078 247 873

Address: 37 Brandl Street, Eight Mile Plains, Brisbane, 4113, QLD, Australia

SMARTFUELPOS Terms & Conditions