1. Definitions

This Agreement covers POS software, EFTPOS integration, hardware rental, and support services.

These terms of use ("Terms") set out the terms and conditions for your use of the BestPOS Services offered by Best Technology Limited or its related companies ("we" or "BestPOS"). The person or organization entered in these Terms as a User of the BestPOS Services, together with all individual users accessing the BestPOS Services on that person's behalf (together, "you" or "Users") accept and agree to be bound by these Terms BestPOS grants you a limited, non-exclusive, Non-transferable, revocable license to use the BestPOS Services (subject to your account type) in accordance with these Terms.

In these Terms, "BestPOS Services" means Best Technology's point of sale software and services, and any features, technologies or functionality provided by those products or services, offered by us from time to time, including the BestPOS hardware and BestPOS Applications ("Apps") and bestpos.co.nz or bestpos.nz ("Website").

If you do not agree to any of these Terms, then you should not use the BestPOS Services. All rights not expressly granted to Users in these Terms are reserved by Best technology limited.

2. Amendments

We may change these Terms from time to time, and will publish on our website, or endeavour to notify you of such changes via email or by displaying a message when you next use the BestPOS Services. If you continue to use the BestPOS Services, your use will be governed by the updated Terms.

From time to time, we may add, make changes to or remove altogether features or functionality of the BestPOS Services. If you're using an App, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the BestPOS Services at any time, and nothing in these Terms is to be taken as a guarantee that the Apps or any BestPOS Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the BestPOS Services, or the Apps or any version of them.

3. Scope of Services

Includes POS system, cloud services, payment integration, equipment rental and support.

4. Term

Fixed term with automatic renewal unless terminated. At the end of the fixed term, the Agreement will automatically continue on a month-to-month basis unless either party gives at least 30 days’ written notice to terminate. The Customer acknowledges that suspension of POS or EFTPOS services may impact their ability to process transactions, therefore, we will not proactively disable the equipment unless a breach of contract occurs. If the Equipment is not returned, rental charges will continue until returned.

We will use reasonable endeavours to notify you in writing at least thirty (30) days prior to the expiry of the Initial Term of the upcoming renewal. Failure to provide such notice does not invalidate the renewal but may be considered in assessing fairness under applicable law.

The Customer may not terminate this Agreement during the Initial Term except in accordance with the early termination provisions in clause 8.

5. Fees & Payment

Fees payable in advance. GST included. Non-refundable except where required by NZ law.

The Customer authorises us to charge all Fees and outstanding amounts via direct debit or credit card.

6. Equipment Ownership

All Equipment remains the property of Best Technology Limited unless expressly purchased by the Customer under a separate agreement.

7. Risk & Insurance

Customer bears all risk after delivery and must insure equipment.The Customer must compensate for the repair cost or the fair market replacement value of the equipment at the time of loss or damage.

8. Early Termination

If the Customer terminates this Agreement before the expiry of the fixed term, the Customer must pay an early termination fee representing a genuine pre-estimate of loss, including (but not limited to):

(a) remaining subscription or rental fees;

(b) unrecovered equipment and installation costs;

(c) reasonable administrative and recovery costs.

This fee is not a penalty.

9. Default Protection

We may remotely disable or restrict the Equipment, POS system, or EFTPOS functionality in the event of non-payment, breach, or suspected fraud. We will not be liable for any loss resulting from suspension, except where such liability cannot be excluded under New Zealand law.

If the Customer defaults, all outstanding amounts become immediately due and payable.

10. EFTPOS Compliance

Customer must comply with PCI-DSS and payment provider rules.

11. Chargeback Liability

We are not a payment processor and are not responsible for any payment processing errors, delays, or failures caused by third-party payment providers.

12. Data & Security

Customer responsible for data backup and security compliance.

13. Limitation of Liability

We are not liable for any failure or delay caused by events beyond our reasonable control, including network failures, power outages, or third-party service interruptions.

To the maximum extent permitted by law, we are not liable for any indirect, consequential, or economic loss, including loss of profit, revenue, or business.

Nothing in this Agreement excludes or limits liability that cannot be excluded under New Zealand law.

Our total liability is limited to the Fees paid in the preceding 3 months.

14. Consumer Law

If the Customer is acquiring the Services for the purposes of a business, the parties agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by section 43 of that Act.

Nothing in this Agreement limits or excludes any rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where such laws apply.

15. Personal Guarantee

The Director(s) signing this Agreement jointly and severally guarantee the performance of all obligations of the Customer under this Agreement as principal obligor and not merely as surety.

This guarantee is continuing and covers all amounts payable, including fees, damages, and recovery costs.

16. Recovery Costs

Customer liable for all reasonable debt recovery and legal costs.

17. Governing Law

New Zealand law applies.