FDHS Online Store Terms and Conditions
This FDHS Online Store website (“Website” or “Site”) is operated by First Data Hardware
Services Inc. (“FDHS”; f/k/a TASQ Technology, Inc.). FDHS’s mailing address is 1169
Canton Rd, Marietta, GA 30066.
Your Use of This Website is Governed by These Terms and Conditions
Please carefully review the terms and conditions herein (“Terms and Conditions”).
Your use of this Website constitutes your agreement to abide and be bound by these
Terms and Conditions. If you do not agree with any of these Terms and Conditions,
do not use this Website. FDHS reserves the right to update or modify these Terms
and Conditions at any time without prior notice. Your use of this Website following
any such change constitutes your agreement to abide and be bound by the Terms and
Conditions as changed. For this reason, it is your responsibility to regularly review
the Terms and Conditions to ensure your compliance.
Site Use
Users may use the Website only for lawful purposes such as ordering products from
the Website. Users may not use the Website in order to transmit, distribute, store
or destroy material (a) in violation of any applicable law or regulation, (b) in
a manner that will infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other personal rights
of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are prohibited from violating or attempting to violate the security of the
Website, including, without limitation: (a) accessing data not intended for such
user or logging into a server or account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization; (c)
attempting to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Website; (d) sending unsolicited
e-mail, including promotions and/or advertisement of products or services; or (e)
forging TCP/IP packet header or any part of the header information in any e-mail
or other posting.
FDHS specifically prohibits, and all users agree not to use the Website, for any
other use, including the following:
·
Providing any incomplete, false or inaccurate biographical information,
which is not that of the user or the company the user represents, when registering.
·
Using any device, software or routine to interfere or attempt to interfere
with the proper working of this Website or any activity being conducted on this
Site.
·
Taking any action which imposes an unreasonable or disproportionately
large load on this Website’s infrastructure. If you have a password allowing access
to a non-public area of this Website, disclosing or sharing your password with any
third parties or using your password for any unauthorized purpose.
·
Notwithstanding anything to the contrary herein, using or attempting
to use any engine, software, tool, agent or other device or mechanism (including,
without limitation, browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Website other than the search engine and search agents available
from FDHS, if any, on this Website and other than generally available third party
web browsers (e.g., Microsoft Explorer, Google Chrome). Attempting to decipher,
decompile, disassemble or reverse engineer any of the software comprising or in
any way making up part of the Website.
Your Account
If you use this Website, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. All usernames and passwords are the property of FDHS and FDHS may revoke
them or otherwise restrict your access to the Website, or require you to change
your username and/or password, in its discretion. You must be at least eighteen
(18) years of age to use this Website.
Order Shipments
Orders received by 2:30 p.m. PST are shipped the same day unless otherwise stated
herein. All orders received after 2:30 p.m. PST will be shipped the following business
day. Orders that require units to be injected with encryption keys must be received
by 2:00 p.m. PST to ship same day. We provide tracking number(s) for your shipment(s)
as soon as they become available. To locate a tracking number for your order once
it has shipped, check the shipment confirmation sent to you via email or contact
your sales representative (please have your customer code ready). We only ship to
addresses in the United States. All orders received with an invalid address or outside
the United States will be cancelled and refunded immediately. If you receive a package
that has been damaged, please contact your sales representative immediately to report
the damaged product so that we can make arrangements for an exchange.
Returns
Authorized returns within thirty (30) days of order may qualify for a refund. Please
contact your sales representative for details. Unauthorized returns of any kind
will result in a 20% restocking fee. Software cannot be returned. Prior to sending
any packages to FDHS for return, you must contact your sales representative to obtain
a Return Authorization (RA) number. Any packages received without the proper identifying
RA number could result in service delays and may result in return of the package
without service or notification. FDHS will not accept returns for equipment due
to the wrong key injection or check configuration per the customer’s request.
Order Confirmation
If you do not receive a confirmation number (in the form of a confirmation page
or email) after submitting payment information, or if you experience an error message
or service interruption after submitting payment information, it is your responsibility
to confirm with FDHS’s Customer Service Department whether or not your order has
been placed. Only you may be aware of any problems that may occur during the purchase
process. FDHS will not be responsible for losses (monetary or otherwise) if you
assume that an order was not placed because confirmation was not received.
No Resale Or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms and
Conditions. You also agree not to make any unauthorized commercial use of the Website.
Credit Card Use
If you prefer not to send your credit card or other accepted method of payment number/information
(“Card”) through the Internet, you may place your order by calling your FDHS sales
representative. Please have your order information ready from your online shopping
basket. FDHS is not responsible for any unauthorized use of your Card by or through
you or your users. FDHS DISCLAIMS ALL RESPONSIBILITY FOR UNAUTHORIZED CARD USE.
Pricing
Pricing is in U.S. Dollars. Prices are subject to change without notice. Prices
are subject to applicable taxes.
Promotional Offers
Any promotional offers are for a limited time only and may be discontinued by FDHS
at any time without notice. Promotional offers for specific products are in effect
only while supplies last. Discounts do not apply to shipping costs, handling fees
or sales taxes. Minimum purchase amounts exclude shipping costs, handling fees and
sales taxes. Promotional offers cannot be redeemed for cash, and are void where
prohibited by law.
Indemnification
You agree to defend, indemnify and hold harmless FDHS, its officers, directors,
employees, affiliates, licensors and agents from and against any and all claims,
actions, damages, costs and expenses (including court costs and attorney's fees)
arising out of or relating from your (or your user’s) (a) breach of the Terms and
Conditions or (b) access to, use or misuse of the Website or any Website materials.
FDHS reserves the right to assume the exclusive defense and control of any matter
which is subject to indemnification under this provision. Furthermore, you agree
to cooperate fully in the defense of any such matter.
Disclaimer of Warranties and Limitation of Liability
FDHS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THIS WEBSITE INCLUDING,
BUT NOT LIMITED TO, ITS ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. FDHS
SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION
CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS
OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM ANY CAUSE WHATSOEVER. YOU
AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS AT YOUR OWN RISK.
FDHS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE
OR THAT THE WEBSITE, ITS SERVER OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. FDHS SHALL NOT BE RESPONSIBLE FOR ANY COSTS
RELATING TO THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA ARISING FROM YOUR
USE OF THE WEBSITE.
THE WEBSITE AND CONTENT ARE PROVIDED BY FDHS ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT
PERMITTED BY LAW, FDHS DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
YOUR USE OF THE WEBSITE.
FDHS WILL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES OF ANY KIND ARISING OUT
OF OR RESULTING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING
FROM THE USE OR INABILITY TO USE THE WEBSITE AND ANY CONTENT; REGARDLESS OF WHETHER
SUCH DAMAGES WERE FORESEEABLE OR WHETHER FDHS WAS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES..
First Data Hardware Services FD Care Advance Replacement Plan (ARP) Terms and Conditions
The FD Care Advance Replacement Plan (“ARP Program”) is an optional service provided
by First Data Hardware Services, Inc. (“FDHS”) which includes replacement unit coverage
associated with equipment failures. The ARP Program is subject to the terms and
conditions of the agreement between Customer and FDHS for the purchase of the equipment,
(“Agreement”). The ARP Program must be purchased in conjunction with new equipment
from FDHS only. The ARP Program is effective upon the purchase date of the initial
new equipment (“Effective Date”). Replacement equipment is covered through the initial
ARP Program term (commencing on the Effective Date). In addition to providing replacement
unit coverage, all freight, parts, materials and labor costs associated with repairing
equipment are covered under the ARP Program. Equipment returned by Customer for
valid repairs will be done so at no cost to Customer and returned to the FDHS owned
and managed ARP replacement unit inventory (“FDHS Inventory”) or Customer’s owned
inventory which is managed by FDHS (“Customer Inventory”).FDHS will provide Customer
with replacement equipment at no cost to Customer, for any defective equipment which
fails prior to use (i.e., out-of-box failure) within thirty (30) days of purchase
from FDHS. Replacement equipment from the FDHS Inventory will be refurbished equipment
unless new equipment is requested and purchased by Customer at its own expense or
Customer directs FDHS to provide replacement equipment from the Customer Inventory.
The ARP Program is more particularly described in Exhibit A, including, but not
limited to, the ARP Program fees
Returning Equipment for Repair :
A prepaid shipping label will be included with each approved ARP Program replacement
unit, which must be used to return the defective equipment to FDHS. It is the sole
responsibility of Customer to re-package the defective equipment (including the
accessories as described in Exhibit A, as applicable) using the same shipment container
provided with the replacement equipment. Upon receipt of the returned equipment,
if the accessories described in Exhibit A (when applicable) are not included, FDHS
reserves the right to charge Customer for the missing items. Fees associated with
the missing items will be charged to Customer based on fair market value, as applicable.
All defective equipment must be returned to FDHS within forty-five (45) days of
receipt of the replacement equipment. FDHS will initiate a call tag (reminder) fifteen
(15) days after the replacement equipment has been shipped. FDHS will initiate two
(2) additional call tags fifteen (15) days apart commencing fifteen (15) days after
the replacement equipment has been shipped. If Customer fails to return such defective
equipment to FDHS within forty-five (45) days, FDHS will invoice Customer for the
full-price of the replacement equipment.
No-Problem-Found (NPF) Repair Claims :
For each no-problem found claim, FDHS reserves the right to charge fees based on
FDHS’s then-current rates, as applicable. A NPF repair claim occurs when: (a) a
reported problem or defect cannot be reproduced by a factory technician or, (b)
the equipment performs to specifications within the factory’s automated quality
assurance testing program. Examples of NPF claims include, but are not limited to,
software or site related issues not associated with equipment performance.
Equipment Cleaning Requirements :
Customer is expected to perform normal cleaning of the equipment on a regular basis
as recommended by the equipment manufacturer. FDHS sells cleaning kits and other
general cleaning materials for equipment cleaning to ensure maintenance and proper
performance, ARP Program protection, and useful life of the equipment. It is recommended
that Customer (1) observe a monthly cleaning cycle and (2) purchase cleaning kits
and other general cleaning materials provided by FDHS. To order cleaning kits and
other general cleaning materials from FDHS, please call 1-800-827-8297.
IN WITNESS WHEREOF
Customer and FDHS have executed this Addendum. Customer hereby agrees, by signing
below, to be bound by terms set forth this ARP Program Addendum (including Exhibit
A and B) and that such terms are made a part of the Agreement.
EXHIBIT A
ARP PROGRAM SERVICES DESCRIPTION
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Description
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Terms
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Notes
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ARP Program Fee Payment Terms
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In accordance with the Agreement
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All ARP Program Fees are due at the time of new equipment purchase pursuant to the
terms of the Agreement.
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Replacement Equipment Orders
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Web or Phone In
|
ARP swap order/replacement requests (i) must be completed and submitted by a FDHS
certified level-one or level-two help desk provider prior to a replacement unit
being approved for shipment by FDHS and (ii) may be made via FDHS’s approved order
entry methods including phone in, FDHS Web and FDHS approved websites. Customer
must provide verification of the purchase of equipment (i.e., proof of purchase).
FDHS Help Desk: 888-663-7927.
|
Swap Desk
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Included
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Limited troubleshooting provided by FDHS on a case-by-case basis, as applicable.
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NPF Fee
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$50.00
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NPF fees apply to all ARP Program equipment whether replacement equipment is provided
from the FDHS Inventory or the Customer Inventory.
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Outbound Shipping
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Next Business Day
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Included in ARP Program.
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Inbound Shipping
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Ground
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Included in ARP Program.
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Equipment Return Period
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Forty-five (45) days after receipt of new equipment
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Initial Call tag provided with replacement equipment shipment; 2nd and 3rd call
tags initiated fifteen (15) days apart after replacement equipment has been shipped.
FDHS will invoice Customer for the full-price of the unreturned replacement equipment
after forty-five (45) days.
|
Cut-off Times
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5:30 PM ET
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All ARP Program orders placed by 5:30 PM ET will ship the same day. Otherwise, the
order will ship next business day.
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Out-of-Box Failure
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Thirty (30) days
|
FDHS will replace out-of-box failure equipment free of charge within thirty (30)
days of initial equipment purchase.
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Accessories
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Items to be Returned with Defective Equipment
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The following accessories must be returned with defective equipment for all replacement
equipment provided from the FDHS Inventory. Accessory return is not required for
replacement equipment provided from the Customer Inventory. (a) Check Scanners:
Power supply, USB cable, inkjet cartridge (b) Credit Card and Multi-lane Equipment:
Power Supply and cables
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*Note: In the event Customer has purchased the Basic Care ARP Program and requests
replacement equipment from the FDHS Inventory for service on damaged equipment resulting
from abuse, misuse, negligence or force majeure events, Customer will pay fees based
on FDHS’s then current rates on a time and materials basis. Such additional service
fees include, but are not limited to, a one (1) hour minimum labor charge and full
replacement value of the un-repairable equipment. Upon FDHS’s approval, Customer
may choose to have the non-repairable equipment replaced with equipment from Customer’s
Inventory, in which event the foregoing costs shall not apply.
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Links to Other Websites
FDHS may create links to third-party websites. FDHS is not responsible for the practices
employed by any third-party websites. FDHS’s policies and practices do not apply
to these websites. FDHS does not guarantee, approve, or endorse any information,
material, services, or products contained on websites via these links. FDHS is not
responsible for any content on websites linked from or to this Website. FDHS is
providing the links to other websites, if any, as a convenience and your connection
to any linked website is at your own risk. Any linked website or the context in
which the link is placed should not be viewed as FDHS adopting or promoting the
linked website.
Copyright Notice
The entire content of this Website is protected under U.S. copyright laws. The FDHS
and TASQ names, logos, trademarks and service marks are owned by First Data Hardware
Services Inc. and are registered or used in the U.S. and foreign countries. All
other trademarks, service marks, and trade names referenced in this material are
the property of their respective owners. ANY USE, COPYING, REPRODUCTION, MODIFICATION
OR DISTRIBUTION OF THE CONTENTS OF THIS WEB SITE INCLUDING, BUT NOT LIMITED TO,
TRADEMARKS, LOGOS, IMAGES OR OTHER INTELLECTUAL PROPERTY, WITHOUT THE PRIOR WRITTEN
PERMISSION OF THE RESPECTIVE OWNER, IS STRICTLY PROHIBITED.