Commercial Terms

PromoPOS is a licenced service. Licence payments are due monthly in advance by credit or debit card. Monthly fees are those stated on the PromoPOS website or otherwise by specific agreement in writing from Documation Limited.

PRODUCTS Documation Limited will sell a range of products relevant to the PromoPOS service. These include colour laser printers and consumables, laminating machines and consumables, sign holders and, special paper products. Additional products will be added in the future. Products may be ordered through the PromoPOS website or by telephone at 01-6535008. Product orders should be paid on ordering. Delivery will generally be within 48 hours, subject to stock availability. If delivery is not possible within 48 hours the customer will be informed and may cancel the order, or part thereof, for a full refund to the value of the non-deliverable products.

PRODUCT RETURNS POLICY According to the EU Distance Selling Directive, the consumer is protected by a number of safeguards and entitlements. Documation Limited is committed to complying with this directive. Any product or products purchased from Documation Limited may be returned within seven days for a full refund. The products must be in their original packing and be unused. Customer is liable for carriage cost. Laser printers and laminating machines have a one to three year manufacturer’s warranty depending on the manufacturer. Please contact Documation for specific details on individual products. Any product or products that arrive broken or non-functioning may be returned for refund or replacement within 30 days of receipt. Documation will be liable for the cost of carriage. Please contact Documation at 01-6535008 for details of the returns procedure.

REFUNDS

Refunds will be issued in the same form as the original payment. If paid for by credit card, a credit will be issued to the original credit card number provided on that specific order. Refunds will be effected within 14 days of receipt of goods.

CANCELLATION POLICY

Customers are required to give one month’s notice in writing or by email to support@documation.ie of the decision to cancel their licence for the PromoPOS online service. Documation, on receipt of such notice, will arrange to cancel the monthly debit as appropriate. Any overpayments that may occur will be refunded within 14 days of the final date of service.

Limits of Liability

In no event will Documation be liable for any special or consequential damages, loss of profits, anticipated revenue, savings or goodwill, or other economic loss even if advised of the possibility thereof. However Documation’s liability for death or personal injury caused by its negligence is not to be limited and its liability in respect of any claim to the extent arising out of an act of willful misconduct, fraud, gross negligence or recklessness of Documation is not to be excluded or limited.

Jurisdiction and Applicable Law

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to these Commercial Terms although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country. These Commercial Terms and any dispute or claim arising out of or in connection with them or the subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland. PROMOPOS is an online service provided by Documation Limited, B15 South City Business Centre, Tallaght, Dublin 24, Ireland. Tel: +353-1-6535008

PROMOPOS SERVICE LICENCE AND SERVICE LEVEL AGREEMENT (SLA)

PromoPOS is a licenced service. A licence is valid for displaying point-of-sale (POS) signage created by PromoPOS in a single location only. Multiple location licences may be granted by arrangement. A PromoPOS licence entitles the licencee to create POS signs by accessing templates available through the hosted application. Created signs may be printed locally, stored on disk or saved to removable storage devices to facilitate printing at another time and location. Invoices for service licences should be paid on or before the period start date. Service licences will renew automatically and may be cancelled by giving one month’s notice by post or email to PromoPOS. It is the customer’s responsibility to cancel standing orders with their bank. Refunds will be at the discretion of PromoPOS and will attract a minimum of 10% deduction for administration costs.

SERVICE COMMITMENT

PromoPOS uses commercially reasonable efforts to make the software service available with an Annual Uptime Percentage (defined below) of at least 99%.

Definitions

“Service Year” is the preceding 365 days from the date of an SLA claim.
“Annual Uptime Percentage” is calculated by subtracting from 100% the percentage of 5 minute periods during the Service Year in which PromoPOS was in the state of “Unavailable.” If you have been using PromoPOS for less than 365 days, your Service Year is still the preceding 365 days but any days prior to your use of the service will be deemed to have had 100% Availability.
“Unavailable” and “Unavailability” means that the Availability of PromoPOS is “Unavailable” externally of our hosting facility.
“Unavailable” means that PromoPOS has no external connectivity during a five minute period and you are unable to access PromoPOS.

PROMOPOS SLA EXCLUSIONS

The Service Commitment does not apply to any unavailability, suspension or termination of PromoPOS, or any other PromoPOS performance issues: (i) that result from Service Suspensions; (ii) are caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of PromoPOS; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) arising from our suspension and termination of your right to use PromoPOS due to arrears in payment of service licence fees or (vi) arising from planed maintenance to PromoPOS and supporting services.

TECHNICAL SUPPORT INCLUDES:

Free technical support support
All program updates released during subscription period. Access to new templates.
Free replacement of license/activation code in case of computer loss or any similar major incident

MAINTENANCE NOTIFICATIONS

Customers will be provided notification of maintenance and possible downtime within a reasonable amount of time prior to said maintenance.

LIMITS OF LIABILITY

In no event will PromoPOS be liable for any special or consequential damages, loss of profits, anticipated revenue, savings or goodwill, or other economic loss even if advised of the possibility thereof. Customer agrees that it is accepting the Software on an “as is” basis and PromoPOS gives no warranties of any kind whatsoever. The Customer agrees that PromoPOS’s liability, under any theory of law or equity, is limited to direct damages, not to exceed the amount paid by the Customer to PromoPOS in respect of the Software during the 12 month period immediately preceding the event which gives rise to the customer’s claim. However PromoPOS’s liability for death or personal injury caused by its negligence is not to be limited and its liability in respect of any claim to the extent arising out of an act of wilful misconduct, fraud, gross negligence or recklessness of PromoPOS is not to be excluded or limited.

JURISDICTION AND APPLICABLE LAW

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to this SLA and the subject matter of this EULA although we retain the right to bring proceedings against you for breach of this SLA in your country of residence or any other relevant country. This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.