Terms and Conditions

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

Description	Terms	Notes
ARP PROGRAM SERVICES DESCRIPTION
ARP Program Fee Payment Terms	In accordance with the Agreement	All ARP Program Fees are due at the time of new equipment purchase pursuant to the terms of the Agreement.
Replacement Equipment Orders	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	Included	Limited troubleshooting provided by FDHS on a case-by-case basis, as applicable.
NPF Fee	$50.00	NPF fees apply to all ARP Program equipment whether replacement equipment is provided from the FDHS Inventory or the Customer Inventory.
Outbound Shipping	Next Business Day	Included in ARP Program.
Inbound Shipping	Ground	Included in ARP Program.
Equipment Return Period	Forty-five (45) days after receipt of new equipment	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	5:30 PM ET	All ARP Program orders placed by 5:30 PM ET will ship the same day. Otherwise, the order will ship next business day.
Out-of-Box Failure	Thirty (30) days	FDHS will replace out-of-box failure equipment free of charge within thirty (30) days of initial equipment purchase.
Accessories	Items to be Returned with Defective Equipment	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
*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.

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.

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.